KALDA v. ESTONIA JUDGMENT
9
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
26. The applicant complained that the authorities’ refusal to grant him
access to certain websites violated his right to receive information “without
interference by public authority”, in breach of Article 10 of the Convention,
which reads as follows:
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. This Article shall not
prevent States from requiring the licensing of broadcasting, television or cinema
enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.”
27. The Government contested that argument.
A. Admissibility
28. The Government considered that the application was manifestly illfounded. They pointed out that the applicant could have requested access to
the information contained on the websites in question by means other than
through the Internet.
29. The applicant considered the Government’s argument not
appropriate and contended that his wish to undertake legal research on the
Internet sites in question in order to understand his rights was a very
different matter from making specific requests to be sent the information in
question.
30. The Court considers that the applicant’s complaint relates to his right
to receive information and as such falls under Article 10 of the Convention.
It considers that the application is not manifestly ill-founded within the
meaning of Article 35 § 3 (a) of the Convention. It further notes that it is not
inadmissible on any other grounds. It must therefore be declared admissible.
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