BULGAKOV v. RUSSIA JUDGMENT
15. As of April 2020, an online database of judicial decisions (www.sudact.ru)
listed over 12,000 judgments in which Russian courts had blocked access to online
content “by way of filtering the website’s IP address at the area border router”.
Between 2017 and 2019, one court, the Promyshlennyy District Court in the
Stavropol Region, issued as many as 222 blocking decisions in which that formula
was used.
RELEVANT INTERNATIONAL MATERIAL
16. The Declaration on freedom of communication on the Internet, adopted by
the Council of Europe’s Committee of Ministers on 28 May 2003, took note of the
Member States’ commitment to abide by the following principles in the field of
communication on the Internet:
Principle 3: Absence of prior state control
“Public authorities should not, through general blocking or filtering measures, deny access by
the public to information and other communication on the Internet, regardless of frontiers. This
does not prevent the installation of filters for the protection of minors, in particular in places
accessible to them, such as schools or libraries.
Provided that the safeguards of Article 10, paragraph 2, of the Convention for the Protection
of Human Rights and Fundamental Freedoms are respected, measures may be taken to enforce
the removal of clearly identifiable Internet content or, alternatively, the blockage of access to it,
if the competent national authorities have taken a provisional or final decision on its illegality.”
17. The 2011 Report of the United Nations (UN) Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression
(A/HRC/17/27) expressed concerns about the excessive scope of blocking
measures:
“29. Blocking refers to measures taken to prevent certain content from reaching an end user.
This includes preventing users from accessing specific websites, Internet Protocol (IP)
addresses, domain name extensions, the taking down of websites from the web server where
they are hosted, or using filtering technologies to exclude pages containing keywords or other
specific content from appearing ...
31. States’ use of blocking or filtering technologies is frequently in violation of their
obligation to guarantee the right to freedom of expression ... Firstly, the specific conditions that
justify blocking are not established in law, or are provided by law but in an overly broad and
vague manner, which risks content being blocked arbitrarily and excessively. Secondly,
blocking is not justified to pursue aims which are listed under article 19, paragraph 3, of the
International Covenant on Civil and Political Rights, and blocking lists are generally kept
secret, which makes it difficult to assess whether access to content is being restricted for a
legitimate purpose. Thirdly, even where justification is provided, blocking measures constitute
an unnecessary or disproportionate means to achieve the purported aim, as they are often not
sufficiently targeted and render a wide range of content inaccessible beyond that which has
been deemed illegal. Lastly, content is frequently blocked without the intervention of or
possibility for review by a judicial or independent body ...”
18. The Joint declaration on freedom of expression and the Internet, adopted on
1 June 2011 by the UN Special Rapporteur on Freedom of Opinion and
Expression, the Organization for Security and Co-operation in Europe
Representative on Freedom of the Media, the Organization of American States
Special Rapporteur on Freedom of Expression, and the African Commission on
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