KALDA v. ESTONIA JUDGMENT
13
46. The Court observes that it is not in dispute that the restriction on
prisoners’ use of the Internet was based on the Imprisonment Act, which
limits prisoners’ Internet access to the official databases of legislation and
the database of judicial decisions. Internet access beyond the authorised
websites was prohibited. The Court is thus satisfied that the interference at
issue was “prescribed by law” within the meaning of Article 10 § 2 of the
Convention.
47. Furthermore, the Court accepts the Government’s argument that the
interference in question served the aims of the protection of the rights of
others and the prevention of disorder and crime.
48. As regards the issue of whether the interference was “necessary”
within the meaning of Article 10 § 2, the Court notes that according to the
Government, granting prisoners access to a greater number of Internet sites
would have increased security risks and required the allocation of additional
material and human resources in order to mitigate such risks. By contrast,
the applicant was of the opinion that allowing access to three more websites
(in addition to those already authorised) would not have given rise to any
additional security issues. Possible security issues were already effectively
managed by the Ministry of Justice, which blocked any links or other such
features on already authorised websites that could cause security concerns;
there was no reason, according to the applicant, why this should be different
in the case of the three requested additional websites.
49. The Court reiterates that under section 31-1 of the Imprisonment
Act, prisoners are granted limited access to the Internet – including access
to the official databases of legislation and the database of judicial decisions
available on the Internet.
50. The Court notes that the websites of the Council of Europe
Information Office in Tallinn, the Chancellor of Justice, and the Riigikogu,
to which the applicant wished to have access, predominantly contained legal
information and information related to fundamental rights, including the
rights of prisoners. For example, the website of the Riigikogu contained bills
together with explanatory memoranda to them, verbatim records of the
sittings of the Riigikogu, and minutes of committee sittings. The website of
the Chancellor of Justice (who is also an ombudsman in Estonia) contained
his selected legal opinions. The Court considers that the accessibility of
such information promotes public awareness and respect for human rights
and gives weight to the applicant’s argument that the Estonian courts used
such information and the applicant needed access to it for the protection of
his rights in the court proceedings. The Court has also taken note of the
applicant’s argument that legal research in the form of browsing through
available information (in order to find relevant information) and making
specific requests for information were different matters and that the
websites were meant for legal researches rather than making specific
requests. Indeed, in order to make a specific request one would need to be
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