A Reflection on the Protection of Freedom of Expression in the Case Law of European Court of Human Rights as to Blocking the Access to Internet

Among the realms influenced by the developments of recent decades in new technologies and specifically the internet is the freedom of expression (FoE) as a fundamental human right. The close link between the internet and FoE has led to litigation of individuals against their respective states in the framework of internet-related issues, including blocking the access to the internet before the European Court of Human Rights (ECHR/the Court). Employing a descriptive-analytic method and using library data, the present article seeks to examine the European Court of Human Rights' case law to protect the right to freedom of expression against the ban or restriction of internet access. This examination implies that the Court has applied the general standards and criteria governing FoE, including the scope and legitimate limitations imposed on it in the European Convention on Human Rights and Fundamental Freedoms (ECHRFF) framework on the related cases. In the Court's view, the wholesale and integrated prohibition of internet and access to internet websites is considered a breach of the right to FoE. In the framework of limiting access to the internet, the Court has applied the requirements stipulated in art. 10(3) of the ECHRFF on the related cases in this regard.In this regard, the ECHR considers the legality, predictability, and accessibility of restrictive Internet laws and access to them, as well as the necessity and proportionality of limiting measures in a democratic society, and the legitimacy of restricting Internet access to achieve legitimate goals such as public order and safety, among others. There are requirements, the fulfilment and verification of which, through a narrow and limited interpretation, can absolve the states of the violation of Art. 10 of the ECHRFF on FoE.