The European Court of Human Rights (ECHR) has ruled in favour of Novaya Gazeta and other claimants in multiple cases against the Russian Federation, determining that the Russian authorities violated the right to freedom of expression through both restrictive wartime censorship and defamation laws.
The ruling, delivered by the Third Section of the Court, found that Russia’s legislative and judicial actions failed to uphold media freedoms guaranteed under the European Convention on Human Rights (ECHR).
Case Background and Legal Challenge
The ruling addresses two separate cases concerning Russia’s suppression of independent journalism. The first, Novaya Gazeta and Others v. Russia (Application No. 35023/13), challenged defamation proceedings brought against journalists and publishers of Novaya Gazeta and Vedomosti for articles critical of Russian political figures. The second case involved the broader issue of Russia’s legislative crackdown on media outlets following the full-scale invasion of Ukraine in 2022.
The cases were reviewed by an ECHR panel comprising President Georgios A. Serghides and Judges Jolien Schukking and Darian Pavli. The Court examined claims brought by individuals and organisations, including Novaya Gazeta, the independent broadcaster Dozhd, and multiple journalists prosecuted under laws criminalising the so-called “discrediting” of the Russian military and dissemination of “false information.”
Defamation Proceedings and Legal Findings
In the defamation cases, the claimants—who included political figures and high-profile business leaders—argued that critical media coverage had harmed their reputations. Russian courts found in favour of the claimants and imposed penalties, including financial damages and the removal of certain statements from online publications.
The ECHR determined that these rulings constituted a violation of Article 10 of the European Convention on Human Rights, which guarantees freedom of expression. The Court noted that Russian courts had failed to apply established legal principles when ruling on defamation claims, including:
- Whether the contested statements were value judgments rather than factual claims;
- Whether the claimants, as public figures, should be subject to a higher threshold for criticism;
- Whether the publications were in the public interest.
The Court concluded that Russian judicial authorities did not properly balance freedom of expression against protection of reputation, instead giving excessive weight to the claimants’ grievances. Furthermore, the removal of statements from Vedomosti’s website was found to be a disproportionate restriction on public access to information.
Wartime Censorship and Media Suppression
The ECHR also ruled on Russia’s broader restrictions on independent reporting concerning the war in Ukraine. The Court determined that laws introduced after the invasion, which imposed severe penalties for deviating from the Kremlin’s official narrative, amounted to a systematic violation of media freedoms. These laws resulted in the criminal prosecution of 178 individuals and the banning of major independent media outlets, including Novaya Gazeta and Dozhd.
The ruling explicitly rejected the Russian government’s justification that these measures were necessary for national security. Instead, the Court found that they were designed to suppress dissenting voices, stating:
“National courts effectively criminalised any statements contradicting the official narrative, which describes the invasion of Ukraine as a ‘special military operation.’”
Compensation and Russia’s Non-Compliance
The ECHR ordered Russia to pay financial compensation to the applicants. The awards include:
- Up to €7,500 per claimant for non-material damages.
- Up to €850 per claimant for legal costs.
The judgment notes that Russia has refused to cooperate with the ECHR since its expulsion from the Council of Europe in September 2022. However, the Court continues to hear cases against Moscow concerning events that occurred before this date.
Implications of the Ruling
This decision is the latest in a series of international legal findings against Russia over media suppression and human rights violations. While enforcement of the ruling remains uncertain due to Russia’s refusal to recognise ECHR decisions, the judgment reinforces international scrutiny of Moscow’s actions.
The president of the ECHR has stated that resolving cases related to Russian violations remains a priority, particularly those linked to the war in Ukraine and press freedom. The ruling sets a precedent for future cases concerning state-imposed restrictions on journalism, highlighting the continued importance of legal mechanisms for holding governments accountable.
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