OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
II. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
19. The applicants complained that the Russian authorities’ decision to
block access to their websites had breached their rights under Article 10 of
the Convention, which reads in its relevant parts:
“1. Everyone has the right to freedom of expression. This right shall include
freedom ... to receive and impart information and ideas without interference by public
authority and regardless of frontiers ...
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others ...”
A. Admissibility
20. The Court considers that this complaint is neither manifestly
ill-founded nor inadmissible on any other grounds listed in Article 35 of the
Convention. It must therefore be declared admissible.
B. Merits
1. Submissions by the parties
(a) The Government
21. The Government submitted that calls for mass disorder, extremist
activities or unauthorised mass gatherings constituted illegal content which
should be prohibited from dissemination on the Internet. The Russian courts
had established that the applicants’ websites had contained such calls and
upheld the Prosecutor General’s decision to restrict access to the illegal
content. The applicants, in the capacity of website owners, had been legally
required to take down the illegal content upon receiving notification from
the Russian telecoms regulator, Roskomnadzor, but they had failed to act
upon it. The second applicant, who owned www.kasparov.ru, had informed
Roskomnadzor that the offending content had been removed. However,
upon verification, it had been established that the website had still contained
information which had called for blocking access to that site. The
Government concluded that the measures which had prevented users from
accessing the applicants’ websites had been necessary and proportionate.
(b) The applicants
22. The applicants submitted that their online media targeted primarily a
Russian audience. The measures preventing users in Russia from accessing
their websites had amounted to a de facto ban on media activity, even
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