OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
(f) Conclusion
44. Having regard to the above analysis, the Court concludes that the
interference resulting from the application of the procedure under
section 15.3 of the Information Act had excessive and arbitrary effects and
that the Russian legislation did not afford the applicants the degree of
protection from abuse to which they were entitled by the rule of law in a
democratic society. In so far as the blocking measures targeted the entire
online media beyond the content originally identified as unlawful, the
interference had no justification under paragraph 2 of Article 10. It did not
pursue any legitimate aim and was not necessary in a democratic society.
45. There has accordingly been a violation of Article 10 of the
Convention.
III. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
TAKEN IN CONJUNCTION WITH ARTICLE 10
46. The Court considers that the issue of whether the applicants had an
effective domestic remedy for their grievances relating to the blocking of
access to their websites should be examined under Article 13 of the
Convention, taken in conjunction with Article 10. Article 13 reads as
follows:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
A. Admissibility
47. The Court considers that this complaint is neither manifestly
ill-founded nor inadmissible on any other grounds listed in Article 35 of the
Convention. It must therefore be declared admissible.
B. Merits
48. The Government submitted that the applicants did have domestic
remedies at their disposal, such as a cassation appeal, but had not used them.
49. The applicants submitted that the Russian legislation did not require
the Prosecutor General to assess the impact of his blocking requests on the
rights of the parties involved. Neither the website owners nor a court were
involved at any stage of the blocking procedure, and there was no
assessment of the various interests involved or the risks of blocking access
to legitimate content. In their ex post facto review of the blocking measure,
the Russian courts had limited the scope of their inquiry to verifying
whether Roskomnadzor had formally complied with the procedure for
issuing blocking orders. They had not assessed the need for having the
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