THIRD SECTION
CASE OF BULGAKOV v. RUSSIA
(Application no. 20159/15)
JUDGMENT
Article 10 • Freedom to receive and impart information • Access blocked to entire
website because of one piece of prohibited material and continued blocking even
after material had been removed • Wholesale blocking of access to an entire
website being an extreme measure comparable to banning a newspaper or
television station • Blocking access to a website’s IP address having practical
effect of extending scope of blocking order far beyond illegal content originally
targeted • Blocking formula employed by court not featuring in any primary
legislation or implementing regulations • Domestic law lacking safeguards against
excessive and arbitrary effects of blocking measures • Notification and
involvement of website owners in blocking proceedings not required by law •
Participation of local Internet service provider not sufficient to endow proceedings
with adversarial character • Domestic courts’ failure to perform a Conventioncompliant review considering less intrusive means or assessing an impact of the
blocking measure • Unlawful refusal to lift blocking order after the removal of
illegal content
Article 13 in conjunction with Article 10 • Effective remedy • Failure of courts to
consider the substance of grievance or to examine lawfulness or proportionality of
effects of blocking order
STRASBOURG
23 June 2020
FINAL
16/11/2020
This judgment has become final under Article 44 § 2 of the Convention. It may be
subject to editorial revision.