24
KABLIS v. RUSSIA JUDGMENT
account and of the entries in question on his blog had therefore been lawful
and had pursued the aim of preventing breaches of information distribution
rules. The Government stressed that access to the above-mentioned posts
had been blocked because they had contained calls for participation in an
unauthorised public event rather than because of the applicant’s statements
about the aims of that public event. Furthermore, as stated by the domestic
courts, restriction of access to the entire VKontakte account rather than to
the specific post had also had a basis in domestic law and had been justified
by the real-time distribution of publicly accessible content on the Internet.
The account could have been unblocked if the applicant had deleted the
unlawful content. He could also have created a new social networking
account. The applicant’s freedom of expression had not therefore been
restricted by the contested measures.
2. The Court’s assessment
(a) General principles
79. The Court has consistently held that freedom of expression
constitutes one of the essential foundations of a democratic society and one
of the basic conditions for its progress and for each individual’s
self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not only
to “information” or “ideas” that are favourably received or regarded as
inoffensive or as a matter of indifference, but also to those that offend,
shock or disturb. Such are the demands of pluralism, tolerance and
broadmindedness without which there is no “democratic society” (see
Handyside v. the United Kingdom, 7 December 1976, § 49, Series A no. 24;
Von Hannover v. Germany (no. 2) [GC], nos. 40660/08 and 60641/08,
§ 101, ECHR 2012; and Bédat v. Switzerland [GC], no. 56925/08, § 48,
ECHR 2016).
80. The Court further reiterates that Article 10 guarantees freedom of
expression to “everyone”. It makes no distinction according to the nature of
the aim pursued or the role played by natural or legal persons in the exercise
of that freedom (see Çetin and Others v. Turkey, nos. 40153/98 and
40160/98, § 57, ECHR 2003-III (extracts). It applies not only to the content
of information but also to the means of dissemination, since any restriction
imposed on the latter necessarily interferes with the right to receive and
impart information (see Ahmet Yıldırım v. Turkey, no. 3111/10, § 50, ECHR
2012).
81. As to the importance of the Internet in the exercise of freedom of
expression, the Court reiterates that in the light of its accessibility and its
capacity to store and communicate vast amounts of information, the Internet
plays an important role in enhancing the public’s access to news and
facilitating the dissemination of information in general (see Times
Newspapers Ltd v. the United Kingdom (nos. 1 and 2), nos. 3002/03 and