General Court says Dutch ISPs have to keep blocking Russian websites

A coalition of internet service providers (ISPs) and freedom of the press organizations has to keep blocking Russian media, the European Court of Justice has decided.

It all started when Russia invaded Ukraine on February 24, 2022. A few days after the military offensive, the distribution of several Russian media channels, including RT and Sputnik, was banned by the Council of the European Union. This was because these channels were being used by the Russian government as a way to distribute propaganda.

The decision sprouted the Freedom of Information Coalition (FOIC), consisting of A2B Internet, BIT, and Freedom Internet. The coalition is supported by the Netherlands Association of Journalists (NVJ), Bits of Freedom, the European Federation of Journalists (EFJ), the Press Freedom Fund, and the Association of the Internet Industry.

The ISPs and organizations that advocate freedom of the press weren’t happy with the decision of the Council of the European Union. It’s not that they disagree with the ban, but they felt that the decision should have been submitted to the European Parliament or European court for independent review. However, that didn't happen.

“Censoring and banning TV channels, radio and Internet sites may be justified. But as a coalition, we believe that such a decision cannot be taken by a group of government leaders or ministers alone. If censorship is used as a tool, it’s essential that the system of checks and balances is respected,” FOIC said in a statement that was issued in the Summer of 2024.

On Wednesday, the European Court of Justice published its verdict regarding the decision to ban Russian media by the Council of the European Union.

The General Court concluded that the Council had the authority to adopt restrictive measures, including banning transmissions of Russian state-controlled media. Considering the objective of addressing threats to international law and public peace and security in the EU, the ban is proportionate and justified.

In a public response, the Freedom of Information Coalition says it’s disappointed in the General Court’s decision that Russian aggression is considered as justification for a far-reaching and disproportionate restriction of fundamental rights. The coalition also feels that many of its arguments have not been sufficiently considered by the judges.

“We asked the General Court for a ruling to draw attention to a fundamentally worrying situation, in which the government can ban a broadcaster or site in advance, without a court ruling. Although the General Court upholds the ban, we consider it of great importance that the court has tested the arguments used by the European ministers for this and has assessed the case on its merits,” FOIC states.

The coalition is considering an appeal.