30
KABLIS v. RUSSIA JUDGMENT
duly approved, the applicant was disseminating information on a matter of
public interest.
101. The Court reiterates in this connection that under its case-law,
expression on matters of public interest is entitled to strong protection (see
Perinçek, cited above, § 230). There is therefore little scope under
Article 10 § 2 of the Convention for restrictions on political speech or on
expression on matters of public interest (see Sürek v. Turkey (no. 1) [GC],
no. 26682/95, § 61, ECHR 1999-IV) and very strong reasons are required
for justifying such restrictions (see Feldek v. Slovakia, no. 29032/95, § 83,
ECHR 2001‑VIII, and Sergey Kuznetsov v. Russia, no. 10877/04, § 47,
23 October 2008, with further references). The domestic authorities did not
advance any reasons for blocking access to the two above-mentioned posts
and did not explain why they had been included in the blocking measure,
even though they did not contain any calls for participation in a public event
held in breach of the established procedure.
102. As regards the third entry on the blog and the post on the social
networking site, they contained explicit calls to participate in the public
event which the local authorities had earlier refused to approve (see
paragraphs 11 and 13 above). The Court reiterates in this connection that it
is important for the public authorities to show a certain degree of tolerance
towards peaceful unlawful gatherings (see Kudrevičius and Others, cited
above, § 150, and Navalnyy v. Russia [GC], nos. 29580/12 and 4 others,
§ 143, 15 November 2018).
103. The Court further reiterates that it is normally not sufficient that the
interference was imposed because its subject-matter fell within a particular
category or was caught by a legal rule formulated in general or absolute
terms; what is rather required is that it was necessary in the specific
circumstances (see Perinçek, cited above, § 275, and The Sunday Times
v. the United Kingdom (no. 1), 26 April 1979, § 65 in fine, Series A no. 30).
In the context of public assemblies, this means that the absence of prior
authorisation and the ensuing “unlawfulness” of the action do not give carte
blanche to the authorities; they are still restricted by the proportionality
requirement of Article 11 (see Kudrevičius and Others, cited above, § 151).
It follows that the fact that the applicant breached a statutory prohibition by
calling for participation in a public event held in breach of the established
procedure is not sufficient in itself to justify an interference with his
freedom of expression. The Court must examine whether it was necessary in
a democratic society to block the publications at issue, having regard to the
facts and circumstances of the case.
104. The Court observes, firstly, that the aim of the public event was to
express an opinion on a topical issue of public interest, namely the recent
arrest of the regional government officials (see paragraph 6 above).
Secondly, the approval of the public event had been refused on formal
grounds – because of a general ban on holding public events at the location