ENGELS v. RUSSIA JUDGMENT
Internet content as constituting information the dissemination of which should be
prohibited in Russia”; and thirdly, where a bailiff has issued an order restricting
access to libellous information. Subsection (7) requires the web hosting service
provider – immediately upon being notified by Roskomnadzor that illegal content
has been added to the Integrated Register – to inform the website’s owner and ask
him or her to remove that content.
RELEVANT INTERNATIONAL MATERIAL
12. The Declaration on freedom of communication on the Internet, adopted by
the Council of Europe’s Committee of Ministers on 28 May 2003, took note of the
Member States’ commitment to abide by the following principles in the field of
communication on the Internet:
Principle 3: Absence of prior state control
“Public authorities should not, through general blocking or filtering measures, deny access by
the public to information and other communication on the Internet, regardless of frontiers ...”
13. The 2011 Report of the United Nations (UN) Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression
(A/HRC/17/27) expressed concerns about the excessive scope of blocking
measures:
“29. Blocking refers to measures taken to prevent certain content from reaching an end user.
This includes preventing users from accessing specific websites, Internet Protocol (IP)
addresses, domain name extensions, the taking down of websites from the web server where
they are hosted, or using filtering technologies to exclude pages containing keywords or other
specific content from appearing ...
31. States’ use of blocking or filtering technologies is frequently in violation of their
obligation to guarantee the right to freedom of expression ... Firstly, the specific conditions that
justify blocking are not established in law, or are provided by law but in an overly broad and
vague manner, which risks content being blocked arbitrarily and excessively. Secondly,
blocking is not justified to pursue aims which are listed under article 19, paragraph 3, of the
International Covenant on Civil and Political Rights, and blocking lists are generally kept
secret, which makes it difficult to assess whether access to content is being restricted for a
legitimate purpose. Thirdly, even 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 ...”
14. 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
3