Russian Supreme Court rules in support of media freedom, says OSCE representative

VIENNA, 27 March 2014 – OSCE Representative on Freedom of the Media Dunja Mijatović today in a letter to Russian Federation Supreme Court Chair Vyacheslav Lebedev welcomed the court’s decision to reinstate Rosbalt news agency’s certificate of registration as a mass media outlet.

“This ruling by the Supreme Court is a win for media freedom in Russia as it reconfirms that limitations on freedom of speech may not be imposed on the basis of traditional values, moral or religious views,” Mijatović said. “It follows a number of excellent resolutions supporting media freedom by this court in recent years.”

In October 2013 Mijatović criticized the decision of Roskomnadzor, the federal media and telecommunications watchdog, to cancel the registration of the news agency, Rosbalt, which had allegedly posted materials on its website containing obscene language. The Moscow City Court subsequently annulled Rosbalt’s certificate of registration.

The Supreme Court followed the legal standing of the Constitutional Court of the Russian Federation by saying that “Limitations by law of freedom of speech and the right to disseminate information may not take place in relation to activities or information on the mere grounds of their inconformity with established traditional views, or contradiction with moral and/or religious preferences. Other will mean a retreat from the constitutional demand of necessity, proportionality and fairness of limitations of human rights…”

The Supreme Court found that the lower courts had refused to look into the essence of Roskomnadzor claims while the warnings of the watchdog had been procedurally faulty.

The Court also found that the sanctions imposed on Rosbalt were disproportionate and disregarded the context of its news stories. One of the stories, about the punk band Pussy Riot, “did not aim to shock the imagination of the Internet users but was of a socio-political nature.”

The Court’s decision is available at www.supcourt.ru/stor_pdf.php?id=584842

The Representative’s previous public statement on the Rosbalt issue is available at www.osce.org/fom/107791

The Representative’s prior public statement on the Pussy Riot issue is available at www.osce.org/fom/92939

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on facebook.com/osce.rfom.