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Media: Review of laws

March 22, 2018, midnight

Media: Review of laws


Currently, the "information component" confidently occupies its own niche in almost every area of life. The potential use is wide: in some cases, it can carry a positive trend, for example, to act as a tool for attracting clients and developing a referral business, in others, on the contrary, it can be charged negative pulse, for example, "to destroy" years to build the interstate relations, business reputation, etc. However, in this and in another version "informative" only then is an effective tool when be it the media, journalists, ordinary Internet users and others have the knowledge on requirements requirements of the legislation of the Russian Federation posted information. Otherwise, a high probability of making mistakes which these entities can be subject to administrative, civil or even criminal liability.

What are the rules you must adhere to the media and to persons actively storming the world wide web, including social networks, to minimize the risks of the offensive for himself the negative effects?

Answering this question in the first place, note that in the legal system of the Russian state is no unified law, combining a complex of regulations governing the full extent of the relationship on the dissemination and use of media, Internet users any information. Moreover, some of the language and terms used in the laws are not clearly defined or are estimated. Therefore, the "Virtuosi" of the above work, we often refer to the clarifications set out in the judicial practice, to determine the legality of their actions. So, those and others should be guided by the rules of article 152 of the Civil code of the Russian Federation about "banning" distribution of the data discrediting honor, dignity and business reputation of physical and legal persons, as well as the Resolution of the Plenum of the Supreme Court of 24.02.2005 g. № 3 "On judicial practice in cases on protection of honor and dignity of citizens and also business reputation of citizens and legal persons". For the media the rule is continued directly in articles 43 — 46 of the RF Law "On mass media" from 27.12.1991 № 2124-1 (the "media Law"). The different legal status of the subjects dictated by the difference in their responsibility. In particular, for the dissemination of defamatory information in the media to civil liability may be involved as authors and editors (paragraph 5 of the Resolution of Plenum of the Supreme Court of 24.02.2005 g. № 3). The owners of social networks and other sites that are not related to media, such liability arises only in case of failure to remove information from the site, recognized as untrue by the judicial act (decision of the constitutional Court of the Russian Federation dated 09.07.2013 No. 18 – P).

In addition, media workers and members of the global network should not use in its publications, statements or messages of personal insult (humiliation of honor and dignity of another person expressed in indecent form). For the failure of the requirements of article 5. 61 of the administrative code establishes administrative liability in the form of a fine whose amount is significantly higher for the media than other parties including Internet users. At the same time, such entities may be sought moral damages (para 20 of the Review of practice of consideration by courts of cases on disputes on protection of honor, dignity and business reputation, approved. The Presidium of the Supreme Court 16.03.2016).

When listing rules, which you have to follow the media and the world wide web, not to mention a number of the following laws:

→ The Federal law of 25.07.2002 № 114 – FZ "On countering extremist activity";

The act contains a prohibition on distribution of extremist materials and of extremist media activities "in fear of" involuntary termination (for example, the Decision of the Supreme Court of 13.10.2015 No. АКПИ15-1021), as well as Internet users, which establishes administrative (article 20.3 of the administrative code – "Propaganda or public demonstration of Nazi paraphernalia or symbols or paraphernalia or symbols of extremist organizations, or other paraphernalia or symbols, propaganda or public demonstration of which is prohibited by Federal law", under article 20.29 of the administrative offences code of the Russian Federation "Production and distribution of extremist materials") or criminal liability (article 280 of the criminal code "Public calls to extremist activities", article 282.1 of the criminal code "Organization of an extremist community", etc.).

It is necessary to note that due to the use of the law is vague wording in the definition of extremist activity there is often a number of controversial issues in its application. An example of this is the "resonant case" in relation to a resident of the city of Arkhangelsk M. Listova attracted isakogorsky district court to the liability under article 20.3 of the administrative code for posting on his page in the social network pictures of the Victory Parade of 1945 with images of waving flags and banners of the defeated Nazi connections. Subsequently this decision was reversed by the court of the Arkhangelsk.

→ The Federal law of 27.07.2006 No. 149 – FZ "On information, information technologies and about information protection";

In articles 10.1 and 10.2 of this law sets the conditions, limitations and restrictions for the organizer of information dissemination in the Internet, site owners and (or) page of the website that hosts publicly available information and access to which during the day is more than three thousand users of the Internet (bloggers). In particular, the blogger needs to verify the accuracy opublikowanych information, to comply with the requirements of the legislation of the Russian Federation about the private life of the citizen, as well as the provisions governing the spread of mass media, etc.

→ Federal law dated 13.01.1995, No. 7 – FZ "On the procedure of coverage of activities of state authorities in state mass media";

The law does not set any "hard" rules and applies only to those media whose founder is the Federal state authority.

→ Federal law of 29.12.2010 № 436 – FZ "On the protection of children from information harmful to their health and development";

In this act the procedure the classification of information products for children depending on the criterion of "age of access", and also requirements for circulation of such products. These provisions are binding on the media.

→ The Federal law of 27.07.2006, № 152 – FZ "On personal data";

In this document, refers to the cases of obtaining the consent of the subject of personal data during their processing;

→ The law of the Russian Federation of 21.07.1993 № 5485-1 "On state secret".

The law establishes the principles of protection of information constituting a state secret, including a prohibition on their disclosure.

In addition to these laws, we should not forget the norms of part four of the Civil code of the Russian Federation on copyright and related rights and the necessity to obtain the permission of the author and (or) other copyright holder when you use celebrity photos, copying texts from other sites, placing music and videos, as well as other objects of copyright.

And this is only a list of the main regulations that contain requirements on information spread by the media or Internet users. In addition, individual professions have their own specific regulation, which also need to take into account.

I hope that the material presented will serve as a "synopsis" for professionals in the information industry (journalists, editors etc.), and ordinary "inhabitants" of the Internet.