Abstract
In a January 2025 judgment, the European Court of Human Rights (“ECtHR”) held in the case of Kobaliya and Others v. Russia that the application of Russia’s foreign agent legislation violated Articles 8, 9 and 10 of the European Convention on Human Rights (“ECHR”) which protect the rights to freedom of expression, freedom of association, and respect for private and family life.
In Kobaliya, the ECtHR assessed Russia’s foreign agent legislation, its evolution since 2012, and its increasing restrictiveness. In its initial 2012 enactment, the law applied to nongovernmental organizations (“NGOs”) that participated in political activity with foreign funding, assigning them a label of “foreign agent.” This legislation targeted civil society groups that failed to register as foreign agents as well as NGOs and staff members who allegedly failed to adhere to labeling requirements when they published content originating from a foreign agent organization. Additionally, the law applied to foreign agent media organizations, independent election monitors, and over 100 individuals, including journalists, media managers, lawyers, and women’s rights campaigners.
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