Only a few days ago, when I was mulling over writing a post on the Supreme Court’s judgement in the Bloomberg case, I was thinking how nice it was that, for the first time in almost two years, I would not have to contemplate writing something about the pandemic. However, as I write this post on 28 February 2022, the world has once again been turned on its head, and life as we know it is under threat. Continue reading
The International Forum for Responsible Media Blog
Tag: Russia
In four Russian cases, Vladimir Kharitonov v. Russia (application no. 10795/14), OOO Flavus and Others v. Russia (application nos 12468/15, 23489/15, and 19074/16), Bulgakov v. Russia (no. 20159/15), and Engels v. Russia (no. 61919/16) the Third Section of the Court of Human Rights held that the blocking of websites in Russia was a breach of Articles 10 and 13. Continue reading
In Pryanishnikov v Russia ([2019] ECHR 614), a case concerning the authorities’ refusal to grant the applicant a film reproduction license, the European Court of Human Rights found a violation of the right to freedom of expression, as the only reason advanced by the domestic courts for the refusal of the relevant license had been based on mere suspicions rather than findings of fact. Continue reading
In its judgment of 17 July 2018 the ECtHR has found various violations of the rights of the members of the feminist punk band Pussy Riot. The ECtHR found violations under Article 3 (prohibition of inhuman or degrading treatment), Article 5 § 3 (right to liberty and security) and 6 §§ 1 and 3 (c) ECHR (right to fair trial), in relation to the conditions of their transportation and detention in the courthouse, their pre-trial detention, the treatment during the court hearings (being exposed to public view in a glass dock surrounded by armed police), and restrictions to legal assistance. Continue reading
One-person protests are the only kind of demonstration Russian citizens are permitted to hold without giving prior notice to the authorities. The unanimous judgment in Novikova and others v. Russia stops short of questioning this low threshold, but finds Russia in violation of Article 10 over its excessive zeal in enforcing the notification requirement through arrests and fines. Continue reading
In a judgment handed down on 30 May 2013 in the case of OOO ‘Vesti’ v Russia ([2013] ECHR 485) the Court of Human Rights has held that an award of damages and an order for the publication of a retraction in a defamation claim brought by the Chief Federal Inspector of the Kirov Region did not breach the Article 10 rights of the newspaper or the journalist. The interference was not disproportionate to the legitimate aim of protecting the reputation and rights of others. Continue reading
The judgment in OOO Ivpress and Others v. Russia (HEJUD [2013] ECHR 67) provides a useful reminder of the importance of distinguishing “value judgments” from “facts” in libel cases and of the importance of engaging in a specific consideration as to whether a publication contributes to a debate of general interest. The case also reminds us of the strict standards which are applied to sanctions against political speech. Violations of Article 10 were found in four linked cases in which the Russian domestic courts had entered defamation judgments against the Ivanovo-Press newspaper. Continue reading
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