Recommender systems, platform power and the case Google LLC and others v Russia

How a recent case of the European Court of Human Rights, in which Russia was found guilty, might have an undesired effect on the protection of freedom of expression against platform power in liberal democracies

Abstract

This article examines the impact of platform power on freedom of expression, as guaranteed by Article 10 of the European Convention on Human Rights, with a particular focus on one of the key tools through which this power manifests: recommender systems. It then analyzes a 2025 judgment by the European Court of Human Rights, Google LLC and others v. Russia (Application no. 37027/22, ECHR-2025), whose reasoning—used to find Russia guilty—could, if applied in democratic states, lead to an interpretation that is counterproductive for protecting freedom of expression from private platforms’ abuses. This contradiction is effectively highlighted in the concurring opinion of Judge Pavli, which the article discusses in detail.