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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...

IRIS 2022-4:1/2 European Court of Justice rejects RT France’s urgent application for lifting of EU sanctions

In an order of 30 March 2022, the President of the General Court of the European Union rejected the application for interim measures submitted by RT France in case T-125/22 R (RT France/Council). On 1 March 2022, the Council of the European Union adopted a Decision pursuant to Article 29 of the Treaty on European Union and a Regulation pursuant to Article 215 of the Treaty on the Functioning of the European Union (TFEU) suspending the broadcasting activities of certain media, including RT France, in and towards the European Union (see IRIS 2022-3:1/6 and the Observatory’s note on this subject)....

IRIS 2022-4:1/10 European Court of Human Rights: interim measure in ANO RID Novaya Gazeta and Others v. Russia

On 8 March 2022, the European Court of Human Rights (ECtHR) decided to apply an urgent interim measure in the case of ANO RID Novaya Gazeta and Others v. Russia. In the interests of the parties and the proper conduct of the proceedings before it, and having regard to the exceptional context of the war in Ukraine in which the request has been lodged, the ECtHR invited the Russian authorities, under Rule 39 of the Rules of Court, to abstain until further notice from actions and decisions aimed at full blocking and termination of the activities of Novaya Gazeta, and from other actions that in...