KABLIS v. RUSSIA JUDGMENT
7
court for examination, having found no significant violations of substantive
or procedural law which had influenced the outcome of the proceedings.
C. Judicial review of the decisions to block the applicant’s
VKontakte account and three entries on his Internet blog
22. On 25 December 2015 the applicant challenged before the Syktyvkar
Town Court the decisions of the prosecutor’s office to block his VKontakte
account and three entries on his Internet blog. He argued that they had not
been necessary in a democratic society and had therefore breached his right
to freedom of expression. He claimed that he had suffered non-pecuniary
damage.
23. On 5 April 2016 the Syktyvkar Town Court dismissed the
applicant’s claim. After citing Article 10 of the Convention and section 15.3
of the Information Act (see paragraph 36 below), and noting that the town
administration had refused to approve “the picket” at the location chosen by
the applicant, the court held:
“Despite the lack of approval for the public event, [the applicant] described the
preparations for holding it on his page on a social networking site, VKontakte, and on
his blog ..., calling on an unrestricted audience to participate in an unauthorised public
event ...
In the present case, access to the information published by the claimant was
restricted because he had breached information distribution rules, in particular by
distributing information containing calls for participation in a public event to be held
in breach of the established procedure.
In such circumstances, the restriction had a basis in law and pursued the aim of
preventing breaches of law in the sphere of distribution of information. Contrary to
the claimant’s allegations, his freedom of expression was not restricted, because
access was blocked to information distributed in breach of the law, rather than in
connection with the contents of the claimant’s statements about the aims of the
notified public event (to discuss the arrest of the Komi Republic government).
Restriction of access to the entire VKontakte account rather than to the specific post
also had a basis in law, which in substance provides for restriction of access to an
entire account, taking into consideration the nature of real-time distribution of
publicly accessible content on the Internet.
In view of the above, and given that it is possible for the claimant to create and
distribute new Internet posts, the claimant’s personal non-property rights were not
breached. The claim must therefore be dismissed.”
24. On 7 July 2016 the Supreme Court of the Komi Republic upheld that
judgment on appeal, finding that it had been lawful, well reasoned and
justified.
25. On 14 December 2016 a judge of the Supreme Court of the Komi
Republic refused to refer a cassation appeal lodged by the applicant with the
Presidium of that court for examination. It held, in particular, that calls for
participation in public events held in breach of the established procedure