24
SAVVA TERENTYEV v. RUSSIA JUDGMENT
the applicant’s comment was likely to encourage violence capable of putting
the Russian police officers at risk.
79. Turning to the question of a potential impact of the impugned text,
the Court is mindful that it was posted on a publicly accessible Internet
blog. With regard to online publications, it has previously held that
user-generated expressive activity on the Internet provides an unprecedented
platform for the exercise of freedom of expression (see Delfi AS
v. Estonia [GC], no. 64569/09, § 110, ECHR 2015). In the light of its
accessibility and its capacity to store and communicate vast amounts of
information, the Internet plays an important role in enhancing the public’s
access to news and facilitating the dissemination of information in general.
It is furthermore true that the risk of harm posed by content and
communications on the Internet to the exercise and enjoyment of human
rights and freedoms is certainly higher than that posed by the press, as
unlawful speech, including hate speech and calls to violence, can be
disseminated as never before, worldwide, in a matter of seconds, and
sometimes remain persistently available online (ibid., §§ 110 and 133). At
the same time, it is clear that the reach and thus potential impact of a
statement released online with a small readership is certainly not the same
as that of a statement published on mainstream or highly visited web pages.
It is therefore essential for the assessment of a potential influence of an
online publication to determine the scope of its reach to the public.
80. In the present case, the applicant posted his comment on an
individual blog of his acquaintance, Mr B.S. The domestic courts limited
their relevant assessment with finding that that blog “was more popular than
[the applicant’s one]”, with the result that the impugned text, which
remained available without restrictions for one month, was “made
accessible to a larger readership” (see paragraph 22 above). The courts,
however, do not appear to have ever attempted to assess whether Mr B.S.’s
blog was generally highly visited, or to establish the actual number of users
who had accessed that blog during the period when the applicant’s comment
remained available.
81. The Court observes in the above connection that the applicant’s
comment had remained online for one month before the applicant, who
found out the reasons for a criminal case against him, removed it (see
paragraph 15 above). Although the access to the impugned statement had
not been restricted, it drew seemingly very little public attention. Indeed,
even a number of the applicant’s acquaintances remained unaware of it, and,
it appears it was only the criminal prosecution of the applicant for his online
publication that prompted the interest of the public towards his comment
(see paragraph 18 above). It is also important to note that, at the time of the
events under examination, the applicant does not appear to have been a
well-known blogger or a popular user of social media (see Magyar Helsinki
Bizottság v. Hungary [GC], no. 18030/11, § 168, ECHR 2016), let alone a