Fines and penalties against Google breached its Article 10 free-expression rights

The case concerned court proceedings in Russia on the refusal to remove certain content from the Youtube platform, including political videos, which the Russian authorities had deemed unlawful; and the failure to restore monetisation features to the YouTube channel of Tsargrad TV, a Russian television outlet owned by a Russian oligarch who had been sanctioned by the United States and the European Union for his support for Russia’s war against Ukraine. Google had incurred very heavy fines as a result of these proceedings.

In its judgment, the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) and Article 6(1) (right to a fair trial).

Tim Otty KC, Charlotte Kilroy KC, Jason Pobjoy KC, George Molyneaux and Tom Lowenthal acted for Google. They were instructed by Will Thomas KC and Josh Kelly from Freshfields LLP.

A copy of the press release is available here. A copy of the judgment is available here.