them inaccessible to users within Russia, but declined to block two videos, and one channel. One of
those included a video criticising the Russian authorities’ approach to the COVID-19 pandemic and
proposals for amending the Constitution of Russia, with statements in support of the opposition,
including politician Alexei Navalnyy.
As a result of Google’s refusal of the TDRs, it was found guilty in December 2021 of an administrative
offence and fined 7,221,916,235 Russian roubles (RUB – approximately 87 million euros (EUR)). The
fine was 5% of Google’s and its affiliates’ – Google Commerce Limited, Google Ireland and Google
Voice Inc. – revenues in Russia in 2020. It was not explained why these other companies’ revenues
had been included in the fine calculation given they were not found guilty of any offence.
In March and May 2022 Roskomnadzor again made further TDRs towards Google, which included Mr
Navalnyy’s YouTube channel and reporting on Russia’s invasion of Ukraine. Google again declined.
Fines of RUB 11,000,000 (approximately EUR 125,000) and RUB 21,077,392,312 (approximately
EUR 360 million) were issued. The latter fine was based on the revenues of various Google affiliates
for the year, by reference to the YouTube’s Terms of Service and Privacy Policy.
On 28 July 2020 Google suspended the YouTube and Gmail accounts of Tsargrad TV, a Russian media
company, following sanctions on its owner. Tsargrad complained to the Russian courts about a breach
of contract.
In April 2021 the Moscow City Commercial Court asserted exclusive Russian jurisdiction over the
dispute, overriding the contractual jurisdiction clauses that designated California and British courts,
by relying on new Russian legislation that granted Russian courts jurisdiction over disputes involving
sanctioned Russian entities. The court found Google's suspension of Tsargrad's accounts to have been
unlawful. Penalties of RUB 100,000 (approximately EUR 1,000) per day were imposed to compel
restoration of Tsargrad's accounts, set to double every week with no upper limit. This case served as
a model for over twenty "copycat" claims by other Russian media outlets, with the accumulated
penalties reaching sums that the applicants calculated to have exceeded USD 16 trillion by September
2022.
Enforcement proceedings resulted in bailiffs seizing RUB 4.6 billion from Google Russia's accounts,
which were then also used to satisfy separate administrative fines imposed solely on Google LLC.
Google's challenges to these enforcement actions were rejected by the courts.
Complaints, procedure and composition of the Court
Relying on Article 10 (freedom of expression), Google LLC complained that the Russian authorities had
imposed arbitrary and unprecedented fines to punish it for providing a platform for content critical of
their policies and of the recurring penalties imposed for the alleged non-compliance with the order to
restore Tsargrad’s YouTube account. Relying on Article 6 (right to a fair trial), it alleged, in particular,
that the Russian courts had not provided adequate reasons for giving themselves jurisdiction over
disputes outside of Russia, and levying the fines.
The application was lodged with the European Court of Human Rights on 27 July 2022.
Judgment was given by a Chamber of seven judges, composed as follows:
Darian Pavli (Albania), Acting President,
Peeter Roosma (Estonia),
Oddný Mjöll Arnardóttir (Iceland),
Úna Ní Raifeartaigh (Ireland),
Mateja Đurović (Serbia),
Canòlic Mingorance Cairat (Andorra),
Vasilka Sancin (Slovenia),
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