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IRIS 2022-8:1/29 European Court of Human Rights: Ecodefence and others v. Russia  

On 14 June 2022, the European Court of Human Rights (ECtHR) delivered a judgment finding a gross and systemic violation by the Russian state of the right to freedom of association in combination with the right to freedom of expression and information as protected by Articles 11 and 10 of the European Convention on Human Rights (ECHR). The complaints by 73 non-governmental organisations (NGOs), formulated in 61 applications, all concerned the 2012 Foreign Agents Act. The ECtHR found the restrictions imposed by the Russian authorities on the NGOs which had been categorised as “foreign...

IRIS 2022-8:1/32 [RU] New legal instruments against foreign media

On 30 June 2022, the State Duma of the Federal Assembly of the Russian Federation adopted the Federal Statute “On amendments to certain legal acts of the Russian Federation” that provides important changes in the media law, in particular in relation to foreign media in Russia. An additional Article 3.4 was introduced to the Federal Statute No. 272-FZ of 28 December 2012 “On measures to influence persons involved in violations of fundamental human rights and freedoms, the rights and freedoms of citizens of the Russian Federation” (О мерах воздействия на лиц, причастных...

IRIS 2022-7:1/13 [RU] Restrictions on payments to “unfriendly” rightsholders

On 27 May 2022, the President of the Russian Federation issued a decree “on the provisional procedure for the compliance with the obligations to certain rightsholders”. The decree provides instructions related to the way significant groups of rightsholders, mostly foreign ones, are entitled to receive debts, penalties, fines or other payments from Russia for the use of their intellectual property. The decree applies to the payments intended for the following groups: - foreign rightsholders from the “unfriendly states” that are listed in the ordinance of the Government...

IRIS 2022-5:1/9 [RU] Liability for violation of “truth protection”

On 24 April 2022, certain amendments to the Code of the Russian Federation on Administrative Offences that had been adopted by the State Duma on 6 April and signed into law on 16 April 2022, entered into force. They relate, in particular, to the ban on public denial (including in the media and on the Internet) of the “decisive role of the Soviet people in the defeat of Nazi Germany and the humanitarian mission of the USSR in the liberation of European countries.” Such a ban had been introduced earlier as Article 6.1 of the 1995 Federal Statute “On Perpetuating the Victory...

IRIS 2022-5:1/19 European Court of Human Rights: OOO Memo v. Russia

The European Court of Human Rights (ECtHR) has delivered a judgment in which, for the first time, it refers to the notion of SLAPP (Strategic Litigation Against Public Participation). In its judgment of 15 March 2022, in the case of OOO Memo v. Russia, the ECtHR expresses its concerns about the risk for democracy of court proceedings instituted with a view to limiting public participation. The case concerns a civil defamation suit brought by a Russian regional state body against a media company. The ECtHR found that allowing executive bodies to bring defamation proceedings against members of the...