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Постановление Европейского суда по правам человека от 08.01.2009 "Дело "Обухова (Obukhova) против Российской Федерации" [рус., англ.]





eedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual's self-fulfilment (see Lingens v. Austria, judgment of 8 July 1986, Series A No. 103, p. 26, § 41). Subject to paragraph 2, it is applicable not only to "information" or "ideas" that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no "democratic society". Given the essential role played by the press in a democratic society, its duty is to impart - in a manner consistent with its duties and responsibilities - information and ideas on all matters of public interest. Not only does it have the task of imparting such information and ideas: the public also has a right to receive them (see, among many other authorities, Bladet {Tromso} and Stensaas v. Norway [GC], No. 21980/93, §§ 59 and 62, ECHR 1999-III, and Colombani and Others v. France, No. 51279/99, § 55, ECHR 2002-V).
20. As to the existence of an interference with the applicant's right to freedom of expression, the Court reiterates that, in so far as the preliminary injunction has the effect of preventing journalists from engaging in research and publications on the subject to which it applied, the journalists may claim to be "victims" of that measure (see, as a classic authority, Times Newspaper Ltd., The Sunday Times, Harold Evans v. the United Kingdom, No. 6538/74, Commission decision of 21 March 1975, Decisions and Reports 2, p. 90; and Observer and Guardian v. the United Kingdom, 26 November 1991, §§ 9 and 49, Series A No. 216). In the instant case the interlocutory injunction was issued in the framework of the proceedings, to which the applicant was a party as a co-defendant. It prohibited the editor's office from publishing any materials by any person, including the applicant, in so far as they concerned the road accident and the claim for damages (see paragraph 12 above). It follows that the applicant was directly affected by the impugned injunction of 7 March 2003 which constituted an interference with her right to freedom of expression within the meaning of Article 10 § 1 of the Convention.
21. It is not contested that the interference was "prescribed by law", namely the provisions of the Code of Civil Procedure governing application of interim measures. As regards the legitimate aim of the interference, the parties agreed that one of them was the protection of the reputation of others. The Government further advanced that the interference had also pursued the aim of the maintaining of the authority of the judiciary. The applicant contested this argument. The Court, for its part, is prepared to accept that the injunction envisaged "maintaining the authority of the judiciary" as one of its legitimate aims, since this phrase includes the protection of the rights of litigants and since the purpose of the injunction was to enable the defamation action to be heard without the plaintiff's rights in the meantime being prejudiced by the commission of the very act which it was the purpose of the action to prevent (compare Observer and Guardian, cited above, § 56). The remaining issue is thus whether the interference was "necessary in a democratic society".
22. In the instant case the contested measure concerned the publication of "any articles, letters or other materials" about the traffic accident which had involved Judge Baskova or about the court proceedings relating to that accident. Although Article 10 does not prohibit prior restraints on publication or bans on distribution as such, the Court emphasises that the dangers which restrictions of that kind pose for a democratic society are such that they call for the most careful scrutiny, which it will apply in its examination of the instant



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