The Chilling Effect Doctrine as a Universal Right Protection Instrument

Since March 2022, the dissemination of Facebook and Instagram has been prohibited within the territory of Russia, with Meta being included in the list of extremist organizations based on a court decision, thereby subjecting all users of said platforms and company shareholders to the threat of criminal prosecution. Moreover, the exodus of Russian political leaders from the popular social media has seen an expedited pace. Setting aside the issue of political motives behind such a ruling and its ethical implications, the author advocates for scrutiny of extant legal mechanisms operative in alternative jurisdictions relevant to the present case. One such instrument is the doctrine of chilling effect, positing that authorities may infringe upon rights even in the absence of direct intent for such constraint. Although the doctrine of chilling effect was not expressly invoked in the proscription of Meta within Russia, the doctrine could be applied in analogous disputes implicating other digital platforms.