OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
Crimea! The occupiers and their minions are brazenly stealing your money and
disfiguring your towns. Do not stay silent! Do not surrender!’ Those calls are
addressed to Crimean residents and incite them to commit unlawful actions.”
7. On 14 March 2014 Roskomnadzor blocked access to the applicants’
websites and requested the web hosting service providers to take down the
offending material on the grounds that it contained “calls for extremist
activities”. The notices listed the domain name of the targeted website in the
field for the page URL. A copy of the Prosecutor General’s blocking request
had not been enclosed.
8. The applicants applied for a judicial review of the blocking measure.
They submitted that the indiscriminate blocking of access to the entire
websites, without giving notice of the specific offending material, was in
breach of the established procedure in so far as it prevented the applicants
from restoring access to their websites by removing the offending material.
The indiscriminate blocking measure had substantially restricted their right
to impart information which had not been declared unlawful.
9. On 6 May and 29 August 2014 the Taganskiy District Court, and on
6 August 2014 the Khamovnicheskiy District Court in Moscow, rejected the
applicants’ complaints. The courts held that a competent official of the
Prosecutor General’s office had carried out an assessment of the websites
and determined that they were unlawful. Roskomnadzor had lawfully
implemented the Prosecutor General’s blocking request and the regulator’s
notice had given adequate information about the offending webpages. The
courts concluded that the blocking measure had had no incidence on the
applicants’ rights or freedoms.
10. On 2 September and 28 October 2014 and 28 April 2015 the
Moscow City Court dismissed appeals lodged by the applicants in a
summary fashion, finding that the District Courts’ judgments were
essentially correct.
11. Mr Kasparov’s website replaced a picture it presumed to be the
offending one with a neutral image and repeated its request to
Roskomnadzor to restore access to the website. It received no response.
RELEVANT DOMESTIC LEGAL FRAMEWORK
12. Section 15.3 of the Information Act (Law no. 149-FZ of 27 July
2006) establishes the procedure for blocking access to content disseminated
in breach of the law (for a translation of section 15.3, see Kablis v. Russia,
nos. 48310/16 and 59663/17, § 36, 30 April 2019). Subsection (1) defines
such illegal content as including calls for mass disorder, extremist activities,
and taking part in unauthorised mass gatherings. Upon detecting such illegal
content or receiving reports from State authorities or individuals, the
Prosecutor General or his deputies request the telecoms regulator,
Roskomnadzor, to restrict access to web resources disseminating the illegal
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