BULGAKOV v. RUSSIA JUDGMENT
Ahmet Yıldırım, cited above, §§ 51 and 55, and Cengiz and Others v. Turkey, nos.
48226/10 and 14027/11, § 56, ECHR 2015 (extracts)).
30. As regards the scope of the interference, the applicant did not dispute that
the e-book which had been available on his website constituted prohibited material.
He took issue, however, with the domestic courts’ decisions to block access to his
entire website because of one piece of prohibited material and to continue blocking
access even after that material had been removed. The Court will examine the two
aspects in turn. It reiterates that interference will constitute a breach of Article 10
unless it is “prescribed by law”, pursues one or more of the legitimate aims
referred to in Article 10 § 2 and is “necessary in a democratic society” to achieve
those aims.
31. The Court reiterates that the expression “prescribed by law” not only refers
to a statutory basis in domestic law, but also requires that the law be both
adequately accessible and foreseeable, that is, formulated with sufficient precision
to enable the individual to foresee the consequences which a given action may
entail. In matters affecting fundamental rights it would be contrary to the rule of
law, one of the basic principles of a democratic society enshrined in the
Convention, for a legal discretion granted to the executive to be expressed in terms
of an unfettered power. Consequently, the law must afford a measure of legal
protection against arbitrary interferences by public authorities with the rights
safeguarded by the Convention, and indicate with sufficient clarity the scope of
any discretion conferred on the competent authorities and the manner of its
exercise (see Hasan and Chaush v. Bulgaria [GC], no. 30985/96, § 84, ECHR
2000-XI; and Ahmet Yıldırım, cited above, §§ 57 and 59).
32. The District Court’s decision of 3 April 2012 which gave rise to the
interference in the present case had a legal basis in section 10(6) of the Information
Act. That provision allowed the authorities to block any content, dissemination of
which was punishable under administrative or criminal law. The e-book fell within
the scope of that provision. It had been previously categorised as extremist
material. Such material may not be distributed or transmitted over public
communication networks (see Mariya Alekhina and Others v. Russia, no.
38004/12, §§ 93-94, 17 July 2018) and its mass dissemination constitutes an
offence under Article 20.29 of the Code of Administrative Offences. It follows
that, in so far as the District Court’s decision targeted the e-book, the interference
can be said to have been “prescribed by law”.
33. However, the scope of the District Court’s order was not limited to
identifying the offending content which was to be blocked. The District Court also
determined the method of implementation of the blocking measure. To that end, it
borrowed the formula from the application lodged by the prosecutor, who had
requested that access to the extremist content be blocked by means of “adding filter
rules for the website’s IP address to the area border router”. In layman’s terms, that
formula requires the ISP to apply filtering technology capable of preventing users
from connecting to the website located at the specified numerical network address
(IP address). In other words, the District Court ordered the blocking of access to
the offending content by means of blocking access to the entire website, because
only websites, but not their individual pages or sections, have IP addresses. The
applicant speculated that behind the use of that formula had been a lack of
technical expertise on the part of the judges, which had prevented them from
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