Borisova and Others v. Russia

THIRD SECTION

Application no. 31662/17 Oksana Vladimirovna BORISOVA against Russia and 2 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 5 March 2026 as a Committee composed of:

Úna Ní Raifeartaigh , President , Mateja Đurović, Vasilka Sancin , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 10 of the Convention concerning the various restrictions on the right to freedom of expression were communicated to the Russian Government (“the Government”).

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the applicants’ complaints about the violation of their freedom of expression are inadmissible.

In particular, the Court notes that the measures complained of by the applicants did not go beyond what was “necessary in a democratic society” to protect the rights of others, within the meaning of Article 10 § 2 of the Convention.

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 26 March 2026.

Viktoriya Maradudina Úna Ní Raifeartaigh Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 10 of the Convention

(various restrictions on the right to freedom of expression)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth/registration

Representative’s name and location

Summary of facts

Final decision

Date

Name of the court

Penalty (award, fine, imprisonment)

31662/17

19/04/2017

Oksana Vladimirovna BORISOVA

1993

Terekhov Konstantin Ilyich

Moscow

On 01/02/2015 the applicant published a post in a public group on the Russian social network vk.com in which she criticised professional abilities of Mr. A., a police officer, describing him inter alia as “moron”. Following civil proceedings brought by Mr. A., the applicant was found liable under Article 152 of the Civil Code for defaming the claimant’s honour and dignity.

13/02/2017, Supreme Cour of Russia

Award of RUB 30,000 to Mr. A.

Order to publish a rebuttal of the disputed passages

73109/17

25/09/2017

Nikolay Nikolayevich ZAYTSEV

1975

Moskalenko Karinna Akopovna

On 01/03/2015 the applicant posted on an anonymous Youtube account a video which had been created by a third party at his request and in which it was alleged that two businessmen, Mr. Pi. and Mr. Ku., had set up an illegal network of several gaming rooms with slot machines and that their activity had been ‘protected’ by Mr. Tk. and Mr. Zh., the former Prosecutor of the Orenburg region and Prosecutor of the city of Orenburg respectively. Following criminal complaints lodged by Mr. Pi. and Mr. Ku., the applicant was convicted of a criminal offence under Article 128.1 of the Russian Criminal Code (libel) in regard of the four persons mentioned above. The domestic courts found that the applicant had failed to demonstrate the veracity of the facts alleged in the video.

28/03/2017, Tsentralniy District Court of Orenburg

Fine of RUB 350,000

Award of RUB 180,000 cumulatively to Mr. Pi., Mr. Ku., Mr. Tk. and Mr. Zh. in respect of non-pecuniary damages

5411/20

27/12/2019

OOO KOMSOMOLSKAYA PRAVDA - KALUGA

1995

Arapova Galina Yuryevna

Voronezh

On 18/05/2018 and 23/05/2018, two publications appeared in the applicant company’s media, denouncing the felling of trees near a local school in order to build a car park, allegedly at the initiative of two members of the municipal council, Mr K.S. and Mr S.P.

Following civil proceedings brought by Mr K.S. and Mr S.P., the applicant was found liable under Article 152 of the Civil Code for defamation of the applicants’ honour and dignity. In particular, the domestic courts found that the statements to the effect that the felling had been carried out on the applicants’ initiative were untrue.

27/06/2019, Supreme Court of Russia

Award of RUB 30,000 for non-pecuniary damage and RUB 20,000 for legal costs to each of the claimants

Order to publish a rebuttal of the disputed passage