KOBALIYA AND OTHERS v. RUSSIA - 39446/16 (Art 10 and Art 11 - Freedom of expression - Freedom of association - Expanded application of "foreign agents" - Remainder inadmissible : Third Section) [2024] ECHR 813 (22 October 2024)

KOBALIYA AND OTHERS v. RUSSIA - 39446/16 (Art 10 and Art 11 - Freedom of expression - Freedom of association - Expanded application of "foreign agents" - Remainder inadmissible : Third Section) [2024] ECHR 813 (22 October 2024)

The Court found that the expanded 'foreign agents' legislation and its application lacked legal certainty, was based on vague and unpredictable criteria, and imposed stigmatising, disproportionate, and excessive restrictions and sanctions on NGOs, media, journalists, and individuals. The measures were not necessary in a democratic society, lacked relevant and sufficient justification, and had a chilling effect on public discourse and civic engagement. The interference with Articles 10 and 11 was not justified. The publication of personal data and excessive reporting obligations also violated Article 8.

Citation
[2024] ECHR 813
Parties
Applicants: Kobaliya and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
22 October 2024
Procedural Posture
Human Rights Application (ect Hr) / Final Judgment by Chamber (third Section) of the European Court of Human Rights
Outcome
Violation of Articles 10, 11, and 8 of the Convention; applications allowed in part; just satisfaction reserved or to be determined.
Legal Topics
Freedom of Expression, Freedom of Association, Foreign Agents Legislation, NGO Regulation, Media Law, Right to Private Life, Proportionality, Legal Certainty, Sanctions and Fines, Dissolution of Ngos
Human Rights Law Constitutional Law Administrative Law Freedom of Expression Freedom of Association Foreign Agents Legislation NGO Regulation Media Law +5 more

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Parties

Kobaliya and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Human Rights Application (ect Hr) / Final Judgment by Chamber (third Section) of the European Court of Human Rights

Legal Issues

  1. 1 Whether the expanded 'foreign agents' legislation and its application to NGOs, media organisations, journalists, activists, and individuals violated Articles 10 and 11 (freedom of expression and association) of the Convention
  2. 2 Whether the designation and related measures violated Article 8 (right to private life)
  3. 3 Whether the restrictions and sanctions were prescribed by law, pursued a legitimate aim, and were necessary in a democratic society

Ratio Decidendi

The Court found that the expanded 'foreign agents' legislation and its application lacked legal certainty, was based on vague and unpredictable criteria, and imposed stigmatising, disproportionate, and excessive restrictions and sanctions on NGOs, media, journalists, and individuals. The measures were not necessary in a democratic society, lacked relevant and sufficient justification, and had a chilling effect on public discourse and civic engagement. The interference with Articles 10 and 11 was not justified. The publication of personal data and excessive reporting obligations also violated Article 8.

Court Disposition

Violation of Articles 10, 11, and 8 of the Convention; applications allowed in part; just satisfaction reserved or to be determined.

Orders

  • Russian Federation to cease designation and related restrictions under the 'foreign agents' legislation for the applicants
  • Russian Federation to remove applicants' personal data from public registers