BULGAKOV v. RUSSIA JUDGMENT
distinguishing a particular page of the website from the website as a whole. The
unsettled case-law of the Russian courts may lend support to his hypothesis. There
have been cases in which lower courts correctly determined that blocking access to
a website’s IP address would lead to arbitrary blocking of legitimate content on the
same website. Some such decisions were overturned on appeal, whereas others
were upheld (see paragraphs 12 to 14 above). The fact however remains that this
blocking method has been used in thousands of cases (see paragraph 15 above).
34. The Court reiterates that the wholesale blocking of access to an entire
website is an extreme measure which has been compared to banning a newspaper
or television station (see paragraphs 17 and 19 above). Such a measure deliberately
disregards the distinction between the legal and illegal information the website
may contain, and renders inaccessible large amounts of content which has not been
designated as illegal. Blocking access to a website’s IP address has the practical
effect of extending the scope of the blocking order far beyond the illegal content
which had originally been targeted (compare Ahmet Yıldırım, cited above, § 63).
Such an extension did not have a legal basis in the circumstances of the present
case. Section 10 of the Information Act allowed the authorities to target content
that was proscribed under administrative or criminal law, rather than an entire
website. The blocking formula employed by the District Court did not feature in
any primary legislation or implementing regulations. The Government, in their
observations, did not point to any legal provision on which the method of
implementation chosen by the District Court could have been based.
35. Turning next to the issue of the safeguards which domestic legislation must
provide to protect individuals from the excessive and arbitrary effects of blocking
measures, the Court notes that the Russian law did not require any form of
involvement of the website owner, such as the applicant, in blocking proceedings
conducted under section 10(6) of the Information Act. The prosecutor’s application
for a blocking order had been prepared without advance notification to the parties
whose rights and interests were likely to be affected. The applicant had not been
informed of the prosecutor’s application or afforded the opportunity to remove the
illegal content before the application was lodged with the court. The District Court
had not invited him to intervene in the proceedings or to make submissions,
treating the matter as being between the prosecutor and the local ISP.
36. The Court finds that the participation of a local ISP as the designated
defendant was not sufficient to bestow an adversarial character on the proceedings.
The ISP provides technology enabling users to access millions of websites it knows
nothing about. It does not have the same detailed knowledge of their contents as
their owners do; nor does it have the legal resources required to mount a vigorous
defence of every targeted website. The ISP has no vested interest in the outcome of
the proceedings. Blocking orders have no incidence on its connectivity business;
they are enforceable not just against the defendant ISP but, once final, they acquire
universal effect requiring all Russian ISPs to implement blocking measures. The
Court finds that the blocking proceedings which were conducted in the applicant’s
absence were not adversarial in nature and did not provide a forum in which the
interested parties could have been heard.
37. In the proceedings which the applicant instituted to challenge the blocking
measure, 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
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