Landmark Judgment from the European Court of Human Rights on Foreign Agents Law
The European Court of Human Rights has today handed down a landmark judgment in proceedings brought by the international media group, Radio Free Europe/Radio Liberty (RFE/RL), and its general director, Andrey Shary, against the Russian Federation.
The case concerned the respondent State’s use of “foreign agent” laws against the applicants, resulting in fines running to millions of US dollars being imposed on RFE/RL since early 2021.
RFE/RL and Mr Shary argued before the Court that these laws, together with their application to them, constituted a violation of the right to freedom of expression under Article 10 of the European Convention on Human Rights.
RFE/RL and Mr Shary’s application – which was granted priority status by the Strasbourg Court – was joined to some 106 other applications against the Russian Federation also challenging the application of “foreign agent” laws.
In today’s ruling, the European Court of Human Rights upheld all of the applicants’ Article 10 complaints. The Court found that the requirement to use the “foreign agent” label severely restricted the ability of media organisations and journalists to participate in public discourse and carry out their professional activities in Russia.
The Court further held that the legislative framework and the way in which it was applied were arbitrary and not “necessary in a democratic society”, contributing to “shrinking democratic space by creating an environment of suspicion and mistrust…thereby undermining the very foundations of a democracy.”
The judgment is significant, not only in its consideration under the Convention of the lawfulness of foreign agent legislation, but also in its development of the Court’s jurisprudence on the existence of a negative right to freedom of expression under Article 10 of the Convention. It is also notable that RFE/RL and Mr Shary were awarded more than USD 1 million in pecuniary damages for a breach of Article 10 of the Convention.
The Russian Federation has until 22 January 2025 to make a referral to the Grand Chamber, failing which the judgment will become final and binding.
Can Yeginsu led Ian McDonald for the applicants, instructed by the New York and Washington, D.C. offices of Covington & Burling LLP.
For more information on this case, see:
- The press release issued by the Registrar of the Court
- News article published by RFE/RL
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