The European Court of Human Rights (ECtHR) issued a new ruling Tuesday stating that Russia’s foreign agents law violates a number of freedoms, and individuals wrongly affected by it should be compensated.
The Russian law on foreign agents was designed to target organizations and individuals receiving foreign funding and engaging in political activities. However, since its initial adoption in 2012, the Kremlin has abused the law to tighten control over civil society and the media.
For example, the definition of foreign agents has been expanded to include activists, journalists and social media influencers who receive funding or other support from foreign sources.
Some well-known “foreign agents” include independent media outlets Meduza, Voice of America and Radio Free Europe, as well as popular YouTube blogger Yuri Dud and the Netherlands-based investigative journalism group Bellingcat.
Keep in mind in all this, Bellingcat was declared a foreign agent (and later an undesirable organisation) despite not having any presence whatsoever inside Russia.
— Eliot Higgins (@EliotHiggins) October 22, 2024
In a statement on Tuesday, the ECtHR said that the purpose of the foreign agents law in Russia was “to punish and intimidate rather than to address any alleged need for transparency or legitimate concerns over national security.”
Based in Strasbourg, France, the ECtHR is an international court that makes rulings on the Council of Europe’s human rights convention. Law scholars consider it to be the most impactful human rights court in the world, though it lacks its own enforcement powers.
A total of 107 Russian organizations and individuals labeled as foreign agents have brought their cases to the ECtHR over the years. The court ruled that Russia must pay them between €5,500 and €10,000 ($5,900 and $10,800) as compensation for damages.
However, it is unlikely that the court’s decision would lead to any changes in Russia, as the country withdrew from the ECtHR and ceased to be a member of the European Convention on Human Rights in 2022. The authorities do not implement ECtHR decisions that entered into legal force after March 15, 2022, meaning that applicants will not be financially compensated.
The organizations and individuals designated as foreign agents in Russia face many restrictions and suffer financial and reputational damages. In its verdict, the ECtHR referred to opinion polls suggesting that the majority of the population associates the term “foreign agent” with “traitors,” “spies” or “enemies of the people.”
The designated individuals and organizations are also obliged to label everything they publish, including each individual post on social media, with a notice announcing their status. They are excluded from the electoral processes, cannot apply for teaching positions, are denied access to young audiences and are deprived of revenue from private advertisers.
Designated foreign agents can face fines for violating these rules. The largest fine was imposed on the applicants, Radio Free Europe/Radio Liberty and its director — approximately €16 million ($17.3 million) — according to ECtHR.
“Such restrictions have had a chilling impact on public discourse and civic engagement,” the ECtHR stated. “They created a climate of suspicion and distrust towards independent voices and undermined the very foundations of a democratic society.”
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