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European Court of Human Rights : Kablis v. Russia.

Abstract

On 30 April 2019, the European Court of Human Rights (ECtHR) found that the blocking by Russian authorities of an activist’s social networking account and entries on his blog had breached his right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). The applicant, Grigoriy Kablis, had called for participation in a ‘people’s assembly’ at a square in Syktyvkar, the capital of the Komi Republic, after the local authorities had already refused Kablis’ request to organise a public event at that venue, and had proposed another specially designated location for holding public events. The ECtHR also found that Kablis’ right to freedom of peaceful assembly as guaranteed by Article 11 ECHR has been violated, as well as his right to an effective remedy under Article 13 ECHR. The most important part of the judgment concentrates on the blocking measures as a form of prior restraint on Kablis’ right to freedom of expression. The Court’s judgment is a clear warning against too vague and overbroad legislation leaving too much power to the Public Prosecutor’s office or other authorities to block social networking accounts or to remove alleged illegal material from the Internet without sufficient guarantees on effective and prompt judicial review

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