The European Court of Human Rights (ECHR) unanimously ruled on Tuesday that Russia’s “foreign agent” law violates key rights protected by the European Convention on Human Rights. The court ordered Russia to compensate the applicants between 5,500 and 10,000 euros for non-pecuniary damage, along with additional costs.
The court found that Russia’s 2012 legal framework regarding “foreign agents,” along with its amendments between 2017 and 2022, amount to unjustified interference with the right to freedom of expression and assembly, violating articles 10 and 11 of the Convention. The law allowed authorities to presume, without substantial evidence, any entity or individual to be under foreign control if they receive any form of support from foreign sources. The court held that the framework, by giving authorities “unlimited discretion,” led to arbitrary decisions, including cases where minor donations could lead to severe sanctions. For instance, an organization was fined and dissolved after receiving less than 3 euros from an alleged foreign source. The court concluded that Russia violated the Convention rights because these laws were designed to punish rather than address concerns over national security.
The ECHR also found that the “foreign agent” framework violated the applicants’ right to respect for private life. The court criticized the stigmatizing use of the “foreign agent” label, which in Russia is commonly associated with “traitors, spies or enemies of the people.” The court also reasoned that legislation restricting political participation and certain forms of employment reinforced the stigmas. Accordingly, the impugned law had grave repercussions on the applicants’ social and professional lives and reputations and was unnecessary in a democratic society.
The scope of Russia’s “foreign agent” laws has, time and again, expanded between 2012 and 2022. The law initially targeted Russian NGOs engaging in “political activity,” requiring them to register as foreign agents if they received foreign funding. It has since expanded to include media organizations, individual journalists and any individual engaged in “political activities.” The 2022 version ultimately defined “foreign agents” as any entity or individual who had received foreign “support” or under “foreign influence.”
Entities labeled as “foreign agents” are subject to extensive restrictions. Apart from the restrictions on political activities and certain employments in the 2022 amendment, they must label their online content as originating from a foreign agent. Physical publications must be sold in opaque packaging with an “18+” age restriction label. Additionally, foreign agents are prohibited from receiving state financial support and must submit reports on their activities and financial expenditures, including personal expenses. Violations of these rules carry extensive criminal and administrative sanctions, including fines, imprisonment, blocking of access to their online resources, or dissolution in the case of an organization.
Last week, the ECHR also ruled that Russia’s regulation of “undesirable organizations” violated the right to free expression and assembly in Andrey Rylkov Foundation and Others v. Russia.
On September 16, 2022, Russia withdrew from the Convention following its exclusion from the Council of Europe due to its war of aggression against Ukraine. The ECHR has pledged to continue assessing applications against Russia concerning actions or omissions occurring until Russia’s withdrawal.
