VLADIMIR KHARITONOV v. RUSSIA JUDGMENT
blocking an IP address, even though commonly used Internet tools, such as
“reverse IP address lookup”, could have promptly supplied a list of websites
hosted on the same server.
44. As regards the transparency of blocking measures, the Government
submitted that the applicant should have consulted Roskomnadzor’s
website.
Indeed,
Roskomnadzor
provides
a
web
service
(http://blocklist.rkn.gov.ru/) which enables anyone to find out whether a
website has been blocked and indicates the legal basis, the date and number
of the blocking decision and the issuing body. It does not, however, give
access to the text of the blocking decision, any indication of the reasons for
the measure or information about avenues of appeal. Nor does Russian
legislation make any provision for third-party notification of blocking
decisions in circumstances where they have a collateral effect on the rights
of other website owners. The applicant had no access to the blocking
decision: it had not been produced in the domestic proceedings and the
Russian courts had rejected his disclosure request.
45. Lastly, as regards the proceedings which the applicant instituted to
challenge the incidental effects of the blocking order, there is no indication
that the judges considering his complaint sought to weigh up the various
interests at stake, in particular by assessing the need to block access to all
websites sharing the same IP address. The domestic courts did not apply the
Plenary Supreme Court’s Ruling no. 21 of 27 June 2013, which required
them to have regard to the criteria established in the Convention in its
interpretation by the Court (see Lashmankin and Others v. Russia,
nos. 57818/09 and 14 others, § 217, 7 February 2017). In reaching their
decision, the courts confined their scrutiny to establishing that
Roskomnadzor had acted in accordance with the letter of the law. However,
in the Court’s view, a Convention-compliant review should have taken into
consideration, among other elements, the fact that such a measure, by
rendering large quantities of information inaccessible, substantially
restricted the rights of Internet users and had a significant collateral effect
(see Ahmet Yıldırım, cited above, § 66).
46. The Court reiterates that it is incompatible with the rule of law if the
legal framework fails to establish safeguards capable of protecting
individuals from excessive and arbitrary effects of blocking measures, such
as those in issue in the instant case. When exceptional circumstances justify
the blocking of illegal content, a State agency making the blocking order
must ensure that the measure strictly targets the illegal content and has no
arbitrary or excessive effects, irrespective of the manner of its
implementation. Any indiscriminate blocking measure which interferes with
lawful content or websites as a collateral effect of a measure aimed at illegal
content or websites amounts to arbitrary interference with the rights of
owners of such websites. In the light of its examination of the Russian
legislation as applied in the instant case, the Court concludes that the
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