BULGAKOV v. RUSSIA JUDGMENT
26. ARTICLE 19, a global campaign for freedom of expression, the Electronic
Frontier Foundation, a legal and policy organisation safeguarding privacy in the
digital world, Access Now, a global civil-society organisation defending the digital
rights of users at risk, and Reporters without Borders, a French non-profit
organisation defending freedom of the press, emphasised that blocking access to
entire websites was an extreme and disproportionate measure which was incapable
of distinguishing between lawful and unlawful content and, as such, should never
be required by law. Even where blocking was permissible, the law should provide
for the following minimum standards: (i) blocking should be ordered by a court or
an independent adjudicatory body; (ii) interested parties should be given the
opportunity to intervene in proceedings in which a blocking order has been sought;
(iii) all victims of blocking orders should have the right to challenge, after the fact,
the blocking order; and (iv) anyone attempting to access the blocked website
should be able to see the legal basis and reasons for the blocking order and
information about avenues of appeal.
27. The European Information Society Institute, a Slovakia-based non-profit
organisation focusing on high-technology law, submitted that any blocking
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
28. 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).
29. The applicant is the owner and administrator of a website. In November
2013, he discovered that access to his website had been blocked by a local ISP
pursuant to a judicial decision. The Court reiterates that measures blocking access
to websites are bound to have an influence on the accessibility of the Internet and,
accordingly, engage the responsibility of the respondent State under Article 10 (see
Ahmet Yıldırım, cited above, § 53). In so far as the blocking measure was imposed
by a Russian court, it does not matter that it was implemented by an ISP rather than
the telecoms regulator. The measure which prevented visitors to the applicant’s
website from accessing its content amounted 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
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