OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
showing their solidarity with the defendants cannot be treated as calls for
unauthorised public events. Reiterating that expression on matters of public
interest is entitled to strong protection, the Court finds that the interpretation
adopted by the Prosecutor General had no basis in fact and was therefore
arbitrary and manifestly unreasonable.
35. The Prosecutor General also claimed that www.kasparov.ru had
reproduced an image of a pamphlet inciting Crimeans to commit “unlawful
actions”. The pamphlet apparently called on Crimeans not to stay silent and
not to surrender. The Prosecutor General’s decision did not specify the
nature of the allegedly unlawful actions, the elements which rendered them
unlawful or the authority that allowed a Russian prosecutor to determine
which conduct by non-Russian nationals living outside the Russian
jurisdiction should be considered unlawful. In any event, the generic term of
“unlawful actions” did not fall within any of the three categories of
prohibited content defined in section 15.3. It follows that the Prosecutor
General’s decision regarding the content on www.kasparov.ru did not have
a legal basis.
(d) Legitimate aim and “necessary in a democratic society”
36. The Court has found above that, to the extent that the interference
targeted the content which was considered illegal under section 15.3, it did
not follow the procedure established in the domestic law and fell foul of the
lawfulness requirement. In so far, however, as the Prosecutor General
requested, and Roskomnadzor implemented, a blocking order against the
applicants’ entire websites, the Court will continue its examination to
establish whether the blocking of access to the entire websites pursued a
legitimate aim and could be considered “necessary in a democratic society”.
37. The Court reiterates that the wholesale blocking of access to a
website is an extreme measure which has been compared to banning a
newspaper or television station (see paragraphs 15 and 16 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 identified as illegal. Blocking access
to the entire website has the practical effect of extending the scope of the
blocking order far beyond the illegal content which had been originally
targeted (compare Ahmet Yıldırım, cited above, § 63).
38. The Court has found above that the decision on the illegal nature of
the websites’ content had been made in the present case on spurious grounds
or outright arbitrarily. However, even if there were exceptional
circumstances justifying the blocking of illegal content, a measure blocking
access to an entire website has to be justified on its own, separately and
distinctly from the justification underlying the initial order targeting illegal
content, and by reference to the criteria established and applied by the Court
under Article 10 of the Convention (see Ahmet Yıldırım, § 66, and Kablis,
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