THIRD SECTION
CASE OF OOO FLAVUS AND OTHERS v. RUSSIA
(Applications nos. 12468/15 and 2 others – see appended list)
JUDGMENT
Article 10 • Freedom to receive and impart information • Unjustified wholesale
blocking of opposition online media outlets in breach of requirement to specify
offending content • Prior restraint on publications in absence of judicial decision
on the illegality of the impugned content • Wholesale blocking of access to an
entire website being an extreme measure comparable to banning a newspaper or
television station • Blocking access to an entire website having practical effect of
extending scope of blocking order far beyond illegal content originally targeted •
Domestic law lacking safeguards against excessive and arbitrary effects of
blocking measures • Notification and involvement of website owners in blocking
proceedings not required by law • Blocking measures not sanctioned by court or
other independent adjudicatory body • No prior assessment of impact and
immediate enforcement of the blocking measure depriving interested parties of the
opportunity to appeal • Domestic courts’ failure to perform a Conventioncompliant review considering less intrusive means
Article 13 in conjunction with Article 10 • Effective remedy • Failure of courts to
consider the substance of grievance or to examine lawfulness or proportionality of
effects of blocking order
STRASBOURG
23 June 2020
FINAL
16/11/2020
This judgment has become final under Article 44 § 2 of the Convention. It may be
subject to editorial revision.