VLADIMIR KHARITONOV v. RUSSIA JUDGMENT
interference resulted from the application of the procedure under
section 15.1 of the Information Act which did not satisfy the foreseeability
requirement under the Convention and did not afford the applicant the
degree of protection from abuse to which he was entitled by the rule of law
in a democratic society (see Ahmet Yıldırım, cited above, § 67).
Accordingly, the interference was not “prescribed by law” and it is not
necessary to examine whether the other requirements of paragraph 2 of
Article 10 have been met.
47. There has accordingly been a violation of Article 10 of the
Convention.
II. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
TAKEN IN CONJUNCTION WITH ARTICLE 10
48. The applicant complained under Article 13 of the Convention, taken
in conjunction with Article 10, that the Russian courts had not considered
the substance of his grievance relating to the blocking of access to his
website. Article 13 reads as follows:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
A. Admissibility
49. The Court considers that this complaint is neither manifestly
ill-founded nor inadmissible on any other grounds listed in Article 35 of the
Convention. It must therefore be declared admissible.
B. Merits
50. The Government submitted that the applicant could have brought a
claim against the ISP or the hosting service provider whose failure to react
to Roskomnadzor’s warning had led to a restriction on his rights.
51. The applicant pointed out that Russia had over 3,500 ISPs in
eighty-three regions. Lodging a claim against each of them was not an
effective remedy. The law also granted ISPs a choice between blocking
access to a website by its domain name or by its IP address. Their conduct
would not be contrary to any legal provision irrespective of the blocking
mode they might choose. In addition, the Russian courts had refused to
carry out a proportionality assessment of the blocking order.
52. The third-party interveners, ARTICLE 19 and the Electronic
Frontier Foundation, submitted that most European jurisdictions allowed
ISPs to challenge blocking orders addressed to them, and few States
explicitly provided victims of collateral blocking with a remedy. France and
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