The judgment concerns the prosecution of media organizations and individuals in Russia for expressing views critical of Russia’s military actions in Ukraine or disseminating information that diverged from official accounts. The Court examined 161 applications from media outlets and individuals who faced various forms of sanctions, including fines, detention, and closure of media organizations, for their anti-war expressions.The Court found that Russia violated Article 10 (freedom of expression) by imposing disproportionate restrictions on peaceful anti-war protests, factual reporting from non-official sources, and expressions of support for Ukraine. The measures included criminal prosecution, administrative fines, pre-trial detention, and closure of independent media outlets like Novaya Gazeta and Dozhd TV.The Court determined that the interference with freedom of expression was not justified in a democratic society and was part of a broader campaign to suppress dissent regarding military action in Ukraine. The Court emphasized that even in situations involving national security concerns, there must be very strong reasons for restricting political speech and debate on matters of public interest.Key aspects of the decision include:
- The Court found that Russia’s laws on ‘discrediting’ the military and spreading ‘fake news’ lacked sufficient clarity and foreseeability
- The domestic courts failed to analyze statements within their specific context or balance competing interests
- The penalties imposed were of exceptional and disproportionate severity, fostering an environment of self-censorship
- The measures amounted to a systematic campaign to suppress dissent rather than address specific security threats
- The Court awarded compensation to the applicants for pecuniary and non-pecuniary damages
The judgment is significant as it documents systematic restrictions on freedom of expression in Russia related to the war in Ukraine and establishes important principles regarding the protection of anti-war speech and independent journalism during armed conflicts.
