OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
content. Roskomnadzor requires Internet service providers (ISPs) to block
access to the website and web hosting service providers to take down illegal
content. Roskomnadzor’s notification must specify the website’s domain
name, network address and the URL of the webpages permitting illegal
content to be identified (subsection (2)). Within twenty-four hours of
receiving the notification, the web hosting service provider must request the
website owner to remove the illegal content (subsection (4)). After the
website owner has notified Roskomnadzor that the content has been
removed, Roskomnadzor verifies that the material has been removed and
informs ISPs that access to the website may be restored (subsection (6)).
RELEVANT INTERNATIONAL MATERIAL
13. 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. This does not prevent the installation of filters for the
protection of minors, in particular in places accessible to them, such as schools or
libraries.
Provided that the safeguards of Article 10, paragraph 2, of the Convention for the
Protection of Human Rights and Fundamental Freedoms are respected, measures may
be taken to enforce the removal of clearly identifiable Internet content or,
alternatively, the blockage of access to it, if the competent national authorities have
taken a provisional or final decision on its illegality.”
14. 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
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