Case Summary and Outcome

The Third Section of the European Court of Human Rights (ECtHR) ruled that the Russian Federation violated Article 10 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of expression, by failing to ensure the uninterrupted and safe conduct of the annual international LGBT film festival organized by the applicant company, Side by Side International Film Festival. The festival was repeatedly disrupted between 2016 and 2020 due to false bomb threats and other security incidents, which the authorities failed to address adequately. Additionally, in 2020, the festival was suspended under COVID-19 restrictions, which the applicants argued were disproportionate. The Court held that the authorities’ actions and omissions, including deficient investigations into the bomb threats and failure to implement effective measures against repeated disruptions, constituted a breach of their positive obligations under Article 10. It emphasized that such disruptions—and the lack of comprehensive state action—created a climate of impunity, undermining the freedom of expression of the festival organizers and participants. The Court awarded the applicant company €7,500 in non-pecuniary damages.

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Facts

Side by Side International Film Festival, based in St. Petersburg, Russia, organized annual international LGBT film festivals between 2016 and 2020. These festivals sought to promote inclusivity and raise awareness of LGBT issues. During this period, the festivals faced repeated disruptions, including bomb threats, public harassment, and administrative actions. These incidents significantly interfered with the festival’s operations and participants’ safety.

Bomb Threats (2016–2019)

From 2016 to 2019, several bomb threats were made during and against the festival, leading to delays, interruptions, and the cancellation of screenings—as venues were evacuated for inspections. For instance, during the April 2016 festival in Moscow, three separate bomb threats caused interruptions on April 22, 23, and 24. While no bombs were found, the false alarms severely disrupted the events. Despite repeated complaints, the investigations were marked by systemic inefficiencies, with no perpetrators identified.

Disruption by Public Officials (2018)

On October 24, 2018, during the festival’s opening ceremony in St. Petersburg, a State Duma deputy disrupted the event by falsely claiming that the attendees were hostages of an armed group. The police stopped the ceremony and planned screenings were canceled. Complaints filed by the organizers resulted in limited police inquiries, and no effective measures were taken against the deputy.

Failure to Address False Threats (2018–2019)

During the November 2019 festival in St. Petersburg, a bomb threat delayed a screening on November 18. Although a criminal investigation was opened, it was later suspended without resolution. This incident exemplified broader inadequacies in the authorities’ responses to threats against the festival.

COVID-19 Restrictions (2020)

In November 2020, authorities halted the festival arguing it did not comply with COVID-19 health regulations, such as social distancing and mask usage. On November 19, 2020, the Oktyabrskiy District Court considered that the festival organizers were administratively liable for breaching pandemic regulations and suspended their activities for 15 days.

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The company that organized the festival, its managing director, and a festival attendee, lodged applications before the European Court of Human Rights (ECtHR) claiming that the Russian authorities’ failure to address repeated disruptions violated their rights under Article 10 (freedom of expression) and Article 14 (non-discrimination) of the European Convention on Human Rights (ECHR). These claims were substantiated in light of the absence of meaningful investigations and preventive actions on behalf of state authorities.

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Decision Overview

On 17 December 2024, The Third Section of the ECtHR delivered its judgment on the matter. The main issue before the Court was whether the actions and omissions of the Russian authorities—which included repeated disruptions of the Side by Side International LGBT Film Festival and the failure to protect the festival from these disruptions—violated the applicant’s right to freedom of expression under Article 10 of the ECHR.

The applicants argued that the authorities’ inaction in response to bomb threats, and the interruptions of the festival, violated their freedom of expression—as the authorities failed to take necessary and sufficient measures to protect the festival from continuous disruptions. They also contended that the festival’s suspension due to COVID-19 regulations was disproportionate and lacked a sound legal basis.

For its part, the Russian Government abstained from active participation in the proceedings, providing no substantive defense.

The Court examined the case primarily under Article 10 of the ECHR, which protects the right to freedom of expression. As noted by the Court, this right includes the right to impart information and ideas without the interference of public authorities. Although the applicants also raised claims under Article 14, which prohibits discrimination, the Court explicitly noted that, given its findings regarding the violation of Article 10, it was “not necessary to examine separately the admissibility or merits of the complaint under Article 14 of the Convention.” [para. 23]

At the outset of its analysis, the ECtHR highlighted the importance of freedom of expression in a democratic society and emphasized the State’s positive obligations to ensure the effective exercise of this right. It noted that the repeated bomb threats were a direct interference with the applicants’ right to freedom of expression and that the authorities’ inadequate response failed to meet their international obligations.

The Court criticized the authorities for treating each bomb threat as an isolated incident and failing to conduct a comprehensive analysis of the situation or implement preventive measures, which resulted in a climate of impunity for the perpetrators. Subsequently, the Court referred to Appleby and Others v. the United Kingdom and Özgür Gündem v. Turkey to underscore the State’s duty not only to refrain from interfering with freedom of expression but also to take positive actions to protect this right.

The Court highlighted that while some immediate police responses—such as evacuations during bomb threats—appeared adequate in principle, they failed to address the broader pattern of harassment effectively. Investigations into repeated threats were incomplete, and police measures lacked the necessary comprehensiveness to safeguard the festival, the ECtHR held.

Furthermore, the Court considered that the “State’s failure to react to the [deputy’s] disruption of the opening ceremony of the festival in 2018 has not been justified.” [para. 19] These failures cumulatively demonstrated that the authorities did not fulfill their positive obligation to protect the festival under Article 10 of the Convention.

The Court ultimately found that it was unnecessary to separately address the complaints regarding “the suspension of the festival in November 2020 under measures introduced to combat the COVID-19 pandemic.” [para. 22] As the ECtHR argued, there was no need to conduct such an analysis in light of the above findings.

Considering the aforementioned reasons, the Court concluded that Russia violated the freedom of expression of the applicants (Article 10 of the ECHR) by failing to ensure the safety of the LGBT film festival and its uninterrupted conduct. Thus, it awarded the applicant company EUR 7,500 for non-pecuniary damages.

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