Ruslan Nurullaev & Irina Bogdanovskaya, “Website Blocking in Russia and the EU: Recent Trends and Common Grounds”
With the rising popularity of the Internet as a medium for dissemination of creative works, enforcement of copyright online becomes a pressing concern for right holders. There are different ways of addressing online copyright infringements, such as enforcement of copyright against website owners or users who access the content unlawfully. However, in Cartier International AG v British Sky Broadcasting Ltd Arnold J recognised that blocking of access to websites which are used to infringe intellectual property rights could the most effective and also least burdensome measure. This proposal suggests to review recent developments in implementation of website blocking in Russia and compare them with the practice established in the EU. When implementing website blocking, Russian courts have to deal with the same issues as their counterparts in the EU. Hence, analysis of the Russian practice may deepen our understanding of website blocking in the EU. Implementation of website blocking in Russia and the EU should not be fundamentally different considering that the European Court of Human Rights, which has jurisdiction over Russia as well as EU member states, laid down general requirements for website blocking in Yildirim v Turkey.