OOO FLAVUS AND OTHERS v. RUSSIA JUDGMENT
participating in international dialogue and international policy making on
Internet freedom. When adopting this recommendation, the Permanent
Representative of the Russian Federation indicated that, in accordance with
Article 10.2c of the Rules of Procedure for the meetings of the Ministers’
Deputies, he reserved the right of his Government to comply or not with the
recommendation, in so far as it referred to the methodology for its
implementation at national level. Section 2.2 of the Internet freedom
indicators, “Freedom of opinion and the right to receive and impart
information”, reads:
“2.2.1. Any measure taken by State authorities or private-sector actors to block or
otherwise restrict access to an entire Internet platform (social media, social networks,
blogs or any other website) or information and communication technologies (ICT)
tools (instant messaging or other applications), or any request by State authorities to
carry out such actions complies with the conditions of Article 10 of the Convention
regarding the legality, legitimacy and proportionality of restrictions.
2.2.2. Any measure taken by State authorities or private-sector actors to block, filter
or remove Internet content, or any request by State authorities to carry out such
actions complies with the conditions of Article 10 of the Convention regarding the
legality, legitimacy and proportionality of restrictions.
2.2.3. Internet service providers as a general rule treat Internet traffic equally and
without discrimination on the basis of sender, receiver, content, application, service or
device. Internet traffic management measures are transparent, necessary and
proportionate to achieve overriding public interests in compliance with Article 10 of
the ECHR.
2.2.4. Internet users or other interested parties have access to a court in compliance
with Article 6 of the Convention with regard to any action taken to restrict their access
to the Internet or their ability to receive and impart content or information.
2.2.5. The State provides information in a timely and appropriate manner to the
public about restrictions it applies to the freedom to receive and impart information,
such as indicating websites that have been blocked or from which information was
removed, including details of the legal basis, necessity and justification for such
restrictions, the court order authorising them and the right to appeal.”
THE LAW
I. JOINDER OF THE APPLICATIONS
18. Having regard to the similar subject matter of the applications, the
Court finds it appropriate to examine them jointly in a single judgment.
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