BULGAKOV v. RUSSIA JUDGMENT
Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and
Access to Information, provides in particular:
1. General Principles
“a. Freedom of expression applies to the Internet, as it does to all means of communication.
Restrictions on freedom of expression on the Internet are only acceptable if they comply with
established international standards, including that they are provided for by law, and that they
are necessary to protect an interest which is recognised under international law (the ‘three-part’
test) ...”
3. Filtering and Blocking
“a. Mandatory blocking of entire websites, IP addresses, ports, network protocols or types of
uses (such as social networking) is an extreme measure – analogous to banning a newspaper or
broadcaster – which can only be justified in accordance with international standards, for
example where necessary to protect children against sexual abuse.”
19. In General Comment No. 34 on Article 19 of the International Covenant on
Civil and Political Rights (CCPR/C/GC/34), adopted at its 102nd session (11-29
July 2011), the United Nations Human Rights Committee stated as follows:
“42. The penalization of a media outlet, publishers or journalist solely for being critical of the
government or the political social system espoused by the government can never be considered
to be a necessary restriction of freedom of expression.
43. Any restrictions on the operation of websites, blogs or any other Internet-based,
electronic or other such information-dissemination system, including systems to support such
communication, such as Internet service providers or search engines, are only permissible to the
extent that they are compatible with paragraph 3 [of Article 19]. Permissible restrictions
generally should be content-specific; generic bans on the operation of certain sites and systems
are not compatible with paragraph 3. It is also inconsistent with paragraph 3 to prohibit a site or
an information dissemination system from publishing material solely on the basis that it may be
critical of the government or the political social system espoused by the government.”
20. Recommendation CM/Rec(2016)5 of the Committee of Ministers to
member States on Internet freedom, adopted by the Committee of Ministers of the
Council of Europe on 13 April 2016, recommended that member States be guided
by, and promote, specific Internet freedom indicators when participating in
international dialogue and international policy making on Internet freedom. When
adopting this recommendation, the Permanent Representative of the Russian
Federation indicated that, in accordance with Article 10.2c of the Rules of
Procedure for the meetings of the Ministers’ Deputies, he reserved the right of his
Government to comply or not with the recommendation, in so far as it referred to
the methodology for its implementation at national level. Section 2.2 of the Internet
freedom indicators, “Freedom of opinion and the right to receive and impart
information”, reads:
“2.2.1. Any measure taken by State authorities or private-sector actors to block or otherwise
restrict access to an entire Internet platform (social media, social networks, blogs or any other
website) or information and communication technologies (ICT) tools (instant messaging or
other applications), or any request by State authorities to carry out such actions complies with
the conditions of Article 10 of the Convention regarding the legality, legitimacy and
proportionality of restrictions.
2.2.2. Any measure taken by State authorities or private-sector actors to block, filter or
remove Internet content, or any request by State authorities to carry out such actions complies
5