OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
where justification is provided, blocking measures constitute an unnecessary or
disproportionate means to achieve the purported aim, as they are often not sufficiently
targeted and render a wide range of content inaccessible beyond that which has been
deemed illegal. Lastly, content is frequently blocked without the intervention of or
possibility for review by a judicial or independent body ...”
15. The Joint declaration on freedom of expression and the Internet,
adopted on 1 June 2011 by the UN Special Rapporteur on Freedom of
Opinion and Expression, the Organization for Security and Co-operation in
Europe Representative on Freedom of the Media, the Organization of
American States Special Rapporteur on Freedom of Expression, and the
African Commission on Human and Peoples’ Rights Special Rapporteur on
Freedom of Expression and Access to Information, provides in particular:
1. General Principles
“a. Freedom of expression applies to the Internet, as it does to all means of
communication. Restrictions on freedom of expression on the Internet are only
acceptable if they comply with established international standards, including that they
are provided for by law, and that they are necessary to protect an interest which is
recognised under international law (the ‘three-part’ test) ...”
3. Filtering and Blocking
“a. Mandatory blocking of entire websites, IP addresses, ports, network protocols or
types of uses (such as social networking) is an extreme measure – analogous to
banning a newspaper or broadcaster – which can only be justified in accordance with
international standards, for example where necessary to protect children against
sexual abuse.”
16. In General Comment No. 34 on Article 19 of the International
Covenant on Civil and Political Rights (CCPR/C/GC/34), adopted at its
102nd session (11-29 July 2011), the United Nations Human Rights
Committee stated as follows:
“42. The penalization of a media outlet, publishers or journalist solely for being
critical of the government or the political social system espoused by the government
can never be considered to be a necessary restriction of freedom of expression.
43. Any restrictions on the operation of websites, blogs or any other Internet-based,
electronic or other such information-dissemination system, including systems to
support such communication, such as Internet service providers or search engines, are
only permissible to the extent that they are compatible with paragraph 3 [of Article
19]. Permissible restrictions generally should be content-specific; generic bans on the
operation of certain sites and systems are not compatible with paragraph 3. It is also
inconsistent with paragraph 3 to prohibit a site or an information dissemination system
from publishing material solely on the basis that it may be critical of the government
or the political social system espoused by the government.”
17. Recommendation CM/Rec(2016)5 of the Committee of Ministers to
member States on Internet freedom, adopted by the Committee of Ministers
of the Council of Europe on 13 April 2016, recommended that member
States be guided by, and promote, specific Internet freedom indicators when
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