VLADIMIR KHARITONOV v. RUSSIA JUDGMENT 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, cited above, §§ 48-54). 34. The applicant has been the owner and administrator of a website featuring content relating to the production and distribution of electronic books, from news to analytical reports to practical guides. The website has existed since 2008 and has been updated several times a week. It has been stored on the servers of a US-based company offering accessible shared web-hosting solutions. The applicant’s website has a unique domain name – “www.digital-books.ru” – but shares a numerical network address (“IP address”) with many other websites hosted on the same server. 35. In December 2012, the applicant discovered that access to his website had been blocked. This was an incidental effect of a State agency’s decision to block access to another website which was hosted on the same server and had the same IP address as the applicant’s website. 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). 36. The applicant was not aware of the proceedings against the third-party website, the grounds for the blocking measure or its duration. He did not have knowledge of, or control over, when, if ever, the measure would be lifted and access to his website restored. He was unable to share the latest developments and news about electronic publishing, while visitors to his website were prevented from accessing the entire website content. It follows that the blocking measure in question 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 Ahmet Yıldırım, cited above, §§ 51 and 55, and Cengiz and Others, cited above, § 56). Such interference will constitute a breach of Article 10 unless it is “prescribed by law”, pursues one or more of the legitimate aims referred to in Article 10 § 2 and is “necessary in a democratic society” to achieve those aims. 37. The Court reiterates that the expression “prescribed by law” not only refers to a statutory basis in domestic law, but also requires that the law be both adequately accessible and foreseeable, that is, formulated with sufficient precision to enable the individual to foresee the consequences which a given action may entail. In matters affecting fundamental rights it would be contrary to the rule of law, one of the basic principles of a democratic society enshrined in the Convention, for a legal discretion granted to the executive to be expressed in terms of an unfettered power. 11

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