VLADIMIR KHARITONOV v. RUSSIA JUDGMENT
provider. Both the website owner and the hosting service provider were
non-Russian legal entities and could not have been expected to comply with
demands by the Russian authorities. The existing provisions of Russian law
offered no protection to owners of law-compliant websites which happened
to have the same IP address as those with unlawful content. The law did not
require Roskomnadzor to assess the impact of its blocking decision on such
websites.
(b) The Government
25. The Government submitted that the blocking of the offending
website, rastaman.tales.ru, had pursued an important policy objective,
namely to restrict information about the manufacture and use of drugs. The
telecoms regulator, Roskomnadzor, had not immediately entered the
offending website’s IP address in the register of banned websites. First, it
had notified the hosting service provider, in Russian and English, that the
website contained unlawful information. Only after the provider had failed
to remove the offending information, five days later, had Roskomnadzor
added the website’s IP address to the Integrated Register. The way in which
Roskomnadzor had proceeded had been in strict compliance with
subsection 9 of section 15.1 of the Information Act and constituted a legal,
justified and necessary measure. The law did not require Roskomnadzor to
notify owners of all websites which shared an IP address with a blocked
website. They could check the existence of restrictions by filling in a form
on the Integrated Register’s website.
26. In the Government’s submission, the fact that the hosting service
provider had been given prior notification and that the blocking order had
been implemented by private ISPs distinguished the present case from the
case of Ahmet Yıldırım v. Turkey (no. 3111/10, ECHR 2012). In that case,
the Turkish criminal court had not informed Google before blocking its
hosting services and the blocking order had been applied directly by the
State telecoms directorate. In the present case, the applicant had not brought
proceedings against the ISP, requesting the court to assess whether the
blocking of the IP address was the only method available for restricting
access to the offending website. The Government contended that, unlike
Russia, Turkey had banned thousands of websites, including popular
services such as YouTube, GeoCities and Dailymotion (they referred to
Cengiz and Others v. Turkey, nos. 48226/10 and 14027/11, ECHR 2015
(extracts), which concerned the blocking of YouTube).
27. The Government submitted that the applicant was not a victim of the
alleged violation, in the same way as a Turkish user of a music-streaming
website had been merely indirectly affected by the blocking of that website
(they referred to Akdeniz v. Turkey (dec.), no. 20877/10, 11 March 2014).
The applicant could have carried on publishing information about the
electronic book industry on other websites, platforms and online resources,
8
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