The decision concerns several cases related to restrictions on LGBTI-related content in Russia, particularly focusing on the promotion of homosexuality among minors.The Court found violations of Article 8 (right to privacy) regarding collection of personal data from social networks, and Article 10 (freedom of expression) regarding convictions for administrative offenses and blocking of websites/social media pages for ‘promoting homosexuality among minors’.Key provisions of the decision:
- The Court ruled that collection of user data from social networks by security services without adequate safeguards violated privacy rights
- Restrictions on LGBTI-related content based solely on sexual orientation considerations were found incompatible with the Convention
- The Court emphasized that it is not justifiable to restrict children’s access to information about same-sex relationships where there is no evidence such information is harmful
- The Court found that convictions for third-party content posted on social networks without prior moderation were based on overly broad interpretation of law
Most important provisions for application:
- The Court established that collection of social network user data requires proper legal safeguards and judicial oversight
- Restrictions on LGBTI-related content must be based on evidence of actual harm, not just sexual orientation considerations
- Administrators of social network groups cannot be held liable for third-party content without clear legal provisions establishing such liability
- Age restriction warnings may be sufficient for content control rather than outright bans
