ENGELS v. RUSSIA JUDGMENT
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
24. 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).
25. The applicant is the owner and administrator of a website dedicated to the
protection of freedom of expression online and digital privacy. Unbeknownst to
him, in April 2015 a Russian court determined that a section of his website
constituted banned information and required the telecoms regulator to immediately
block access to the entire website. The blocking measure was not actually
implemented, since the applicant had removed the offending content upon
receiving Roskomnadzor’s request to that effect. The Court notes that the applicant
was confronted with a choice between removing the allegedly illegal content and
having access to his entire website blocked. The court’s decision that the content of
one of his webpages was illegal caused the applicant to take it down in order to
avoid the blocking measure and also prevented visitors to the website from
accessing that content. It amounted therefore 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)). Such 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 achieve those aims.
26. The Court reiterates that the expression “prescribed by law” not only refers
to a statutory basis in domestic law, but also requires that the law be both
adequately accessible and foreseeable, that is, formulated with sufficient precision
to enable the individual to foresee the consequences which a given action may
entail. In matters affecting fundamental rights it would be contrary to the rule of
law, one of the basic principles of a democratic society enshrined in the
Convention, for a legal discretion granted to the executive to be expressed in terms
of an unfettered power. Consequently, the law must afford a measure of legal
protection against arbitrary interferences by public authorities with the rights
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents