ENGELS v. RUSSIA JUDGMENT measure which went beyond its target and over-blocked legitimate content was not acceptable in a democratic society. The authorities had a duty to carry out an individualised assessment of whether the same result could be achieved with a less intrusive measure. The targeted website should be informed and given a reasonable amount of time to remove the offending content and to make submissions before a decision was taken. 2. The Court’s assessment 24. The Court reiterates that owing to its accessibility and capacity to store and communicate vast amounts of information, the Internet has now become one of the principal means by which individuals exercise their right to freedom of expression and information. The Internet provides essential tools for participation in activities and discussions concerning political issues and issues of general interest, it enhances the public’s access to news and facilitates the dissemination of information in general. Article 10 of the Convention guarantees “everyone” the freedom to receive and impart information and ideas. It applies not only to the content of information but also to the means of its dissemination, for any restriction imposed on the latter necessarily interferes with that freedom (see Ahmet Yıldırım v. Turkey, no. 3111/10, §§ 48-54, ECHR 2012). 25. The applicant is the owner and administrator of a website dedicated to the protection of freedom of expression online and digital privacy. Unbeknownst to him, in April 2015 a Russian court determined that a section of his website constituted banned information and required the telecoms regulator to immediately block access to the entire website. The blocking measure was not actually implemented, since the applicant had removed the offending content upon receiving Roskomnadzor’s request to that effect. The Court notes that the applicant was confronted with a choice between removing the allegedly illegal content and having access to his entire website blocked. The court’s decision that the content of one of his webpages was illegal caused the applicant to take it down in order to avoid the blocking measure and also prevented visitors to the website from accessing that content. It amounted therefore to “interference by a public authority” with the right to receive and impart information, since Article 10 guarantees not only the right to impart information but also the right of the public to receive it (see Ahmet Yıldırım, cited above, §§ 51 and 55, and Cengiz and Others v. Turkey, nos. 48226/10 and 14027/11, § 56, ECHR 2015 (extracts)). Such interference will constitute a breach of Article 10 unless it is “prescribed by law”, pursues one or more of the legitimate aims referred to in Article 10 § 2 and is “necessary in a democratic society” to achieve those aims. 26. 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 7

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