BULGAKOV v. RUSSIA JUDGMENT – SEPARATE OPINION
The judgment indeed criticises Russian law for “[not requiring] any form
of involvement of the website owner, such as the applicant, in blocking
proceedings conducted under section 10(6) of the Information Act” (see
paragraph 35 of the judgment).
5. In sum, the interference violated the Convention for two reasons:
firstly, the blocking order was adopted in proceedings which did not allow
the applicant to defend his rights; secondly, the order exceeded the limits of
what was a permissible interference under domestic law.
In order to properly execute the present judgment, it will be for the
legislature to amend the law so that website owners have an opportunity to
properly defend their rights and to avoid the blocking of their websites (or a
page thereof) by removing any illegal content. It will also be for the
prosecutors and the courts to pay due attention to the formula to be used for
the blocking of a webpage. If, as the applicant contends, there is a lack of
technical expertise on the part of the judges (see paragraph 33 of the
judgment), then there is a need for proper training of judges dealing with
this kind of case.
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