OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
27. The European Information Society Institute, a Slovakia-based
non-profit organisation focusing on high-technology law, submitted that any
blocking measure which went beyond its target and over-blocked legitimate
content, was not acceptable in a democratic society. The authorities had a
duty to carry out an individualised assessment of whether the same result
could be achieved with a less intrusive measure. The targeted website
should be informed and given a reasonable amount of time to remove the
offending content and to make submissions before a decision was taken.
2. The Court’s assessment
(a) General principles
28. The Court reiterates that owing to its accessibility and capacity to
store and communicate vast amounts of information, the Internet has now
become one of the principal means by which individuals exercise their right
to freedom of expression and information. The Internet provides essential
tools for participation in activities and discussions concerning political
issues and issues of general interest, it enhances the public’s access to news
and facilitates the dissemination of information in general. Article 10 of the
Convention guarantees “everyone” the freedom to receive and impart
information and ideas. It applies not only to the content of information but
also to the means of its dissemination, for any restriction imposed on the
latter necessarily interferes with that freedom (see Ahmet Yıldırım v. Turkey,
no. 3111/10, §§ 48-54, ECHR 2012).
(b) Existence of interference
29. The applicants are owners of online media outlets which published
articles, opinion pieces and research by opposition politicians, journalists
and experts, many of which were critical of the Russian Government. On
14 March 2014, the telecoms regulator, Roskomnadzor, blocked access to
their websites after the Prosecutor General had identified a portion of the
content as being illegal. The Court reiterates that measures blocking access
to websites are bound to have an influence on the accessibility of the
Internet and, accordingly, engage the responsibility of the respondent State
under Article 10 (see Ahmet Yıldırım, cited above, § 53). The measure
which prevented visitors to the applicants’ websites from accessing their
content amounted to “interference by a public authority” with the right to
receive and impart information, since Article 10 guarantees not only the
right to impart information but also the right of the public to receive it (see
Ahmet Yıldırım, cited above, §§ 51 and 55, and Cengiz and Others
v. Turkey, nos. 48226/10 and 14027/11, § 56, ECHR 2015 (extracts)). The
Court reiterates that interference will constitute a breach of Article 10 unless
it is “prescribed by law”, pursues one or more of the legitimate aims
referred to in Article 10 § 2 and is “necessary in a democratic society” to
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