OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
achieve those aims. In the present case the questions of compliance with the
law and of the existence of a legitimate aim cannot be dissociated from the
question of whether the interference was “necessary in a democratic
society”. The Court will therefore examine them together (see Kablis
v. Russia, nos. 48310/16 and 59663/17, § 85, 30 April 2019).
(c) “Prescribed by law”
30. 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.
Consequently, the law must afford a measure of legal protection against
arbitrary interferences by public authorities with the rights safeguarded by
the Convention, and indicate with sufficient clarity the scope of any
discretion conferred on the competent authorities and the manner of its
exercise (see Hasan and Chaush v. Bulgaria [GC], no. 30985/96, § 84,
ECHR 2000-XI, and Ahmet Yıldırım, cited above, §§ 57 and 59).
31. Access to the applicants’ online media was blocked in accordance
with section 15.3 of the Information Act. That provision allowed the
Prosecutor General or his deputies to request the blocking of three
categories of content, including calls for mass disorder or for participation
in public events held in breach of the established procedure. However, the
Court’s scrutiny of the lawfulness requirement is not limited to establishing
whether the State agency acted in accordance with the letter of domestic
law. The Court must also ascertain whether the quality of the law in
question enabled the applicants to regulate their conduct and protected them
against arbitrary interference.
32. In the instant case, the Prosecutor General’s blocking request
mentioned calls for participation in unauthorised mass gatherings, while
Roskomnadzor’s notice referred to calls for extremist activities (see
paragraphs 6 and 7 above). Subsection (2) of section 15.3 set out
requirements in respect of the contents of Roskomnadzor’s notification,
which had to specify, in particular, the URL of the web page permitting
illegal content to be identified (see paragraph 12 above). The actual notices
which Roskomnadzor had despatched in the instant case deviated from that
requirement in that they listed the website’s entire domain, rather than a
particular problematic webpage (see paragraph 7 above). Not only did that
failure run counter to the requirement that the information provided by
Roskomnadzor should permit identification of the content to be taken down,
but it also deprived the applicants of the opportunity to remedy the
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