Social media ban law. Reaction from experts and stakeholders. How the new bill will change how social media works

Sargis Darbinyan

Lawyer of the public organization Roskomsvoboda, managing partner of the Digital Rights Center.

What happened?

State Duma deputies will discuss the bill in the near future On amendments to the Federal Law “On Information, Information Technologies and Information Protection”., providing for amendments to the law "On information, information technology and information protection". The main changes concern the work of social networks.

The highlights are:

1. Social networks must have their own representative office in Russia. And if not, then create it.
2. Social media operators must be sure to identify their users.
3. Within a day, the social network must delete, at the request of users, information, for the dissemination of which criminal or administrative liability is provided. For example, propagandizing war, inciting national hatred and enmity, unreliable and discrediting honor, dignity and reputation. This list is open. Given the current unpredictable practice, it is impossible to say unequivocally what exactly these grounds will be.
4. Also, social network operators are responsible for removing fake news at the request of Roskomnadzor.

How will the new bill change the way social media work?

Operators of social networks will be imposed a court function. The company will have to hire thousands of moderators and lawyers. They will have to deal with the issues of evaluating content and examining evidence of its illegality, claims, and so on. This is a very serious job.

To minimize the risk, russian services and social networks are likely to delete any suspicious information. This will increase the level of self-censorship within the platforms themselves.

How will all this affect users?

In recent years, a large number of users have already been prosecuted not only for their own records, but also for.

Any publications on sensitive topics (religion, LGBT, Ukraine, Syria) can lead to criminal or administrative proceedings. As it was, for example, with the demonstration of Nazi symbols in the background of grandfather's military photos or expressive posts by the late blogger Nosik.

Who will the new rules hit?

First of all for russian platforms... The law will affect both YouTube and any major media where commenting is possible. But it is Russian companies that will be forced to fulfill everything, even the most absurd requirements. They will be less competitive and less attractive to users.

As a result, this may lead to the fact that many foreign social networks and services will close their work in Russia. Providing activities in accordance with Russian law may be more expensive than the company's profit from operating in Runet.

One of the requirements for social media is to know your users. How will this be done technically?

For example, using mandatory registration with mobile phone... From June 1, operators cellular communicationmost likely, they will start disconnecting unidentified SIM card users. This is another step in the announced state policy to de-anonymize all Internet users.

How can you deal with fake news?

There is no specific body in the bill that could determine whether or not. Powers are spread over various executive bodies. They, apparently, will determine the reliability of information according to their own internal and often non-transparent procedure.

How will it look in practice? For example, if the Emergencies Ministry said that 10 people died in the fire, no one can write more or less. Even if there is reason for doubt.

What punishment awaits social networks for violations?

The first sanction for breaking the law is a fine of 50 million rubles. In the future, they are threatened with restricting access to the service throughout the country - blocking at the level of telecom operators.

Are there similar laws abroad?

Germany recently passed a law obliging social networks to remove some of the information related to justifying Nazism. But the requirements there are quite specific.

In general, the trend regarding the control of private communications exists in many countries. However, such a scope of regulation has not been found anywhere else. The new bill of our deputies showed that Russia is ahead of the rest of the world in terms of destroying freedom on the Internet.

What will happen if the bill is still adopted?

Since, in my opinion, the bill violates the human rights and freedoms provided for by the Constitution of the Russian Federation and a number of international conventions, after its entry into force a large number of litigations and disputes will be initiated. The question will reach international authorities, which will have to assess the provisions of the law. But whether this will help is a big question.

In addition, from the point of view of respecting the human rights to privacy in the digital age, the bill is contrary to the new European data processing regulation GDPR. The provisions of the bill are in direct conflict with this directive. This means that Russian companies will be fined by the European regulator for violating the rules for processing data of European citizens.

To summarize, this is a severe blow to freedom of speech and the freedom to disseminate information.

What do other experts think?

It is also alarming that the only subject that can make a statement about the removal of some information will be another user. To figure out whether he is really right or decided to just joke or annoy someone, the social network operator needs just a day! How many people should be on the staff of a social network operator so that they can accept and process such a mass of applications? And there will be a lot of them: more than 95 million users are registered on VKontakte, with more than two billion.

So far there are more questions than answers. The law is clearly not in line with reality. In practice, it will be either difficult or technically impossible to fulfill its requirements.

State Duma deputies adopted in the first reading a bill that somewhat changes the rules for the work of social networks. The document has passed the first reading, the second and third are coming. But, most likely, it will be accepted.

We will tell you what will change for ordinary users after the law comes into force.

What is the essence of the bill?

The main message is this: the law should protect users from disinformation on the Internet. Including it comes about fake news.

The document also provides for the introduction of user identification in social networks by mobile phone number and moderation of visitors' posts. In fact, this will prevent you from using social networks anonymously, since SIM cards are sold with a passport.

The text of the bill says: "Prevent the use of the public network for the purpose of committing criminal acts, disclosure of information constituting state or other secrets specially protected by law, dissemination of materials containing public calls for terrorist activities or publicly justifying terrorism, and other extremist materials, and also materials promoting pornography, the cult of violence and cruelty, and materials containing obscene language. "

What is a large network?

According to the text of the bill, a large public network is considered to be one, access to which within a day is more than one hundred thousand Internet users.

What else are the owners of the public network obliged to do?

They must create on the territory Russian Federation representation of the owner of the public network. And they must also comply with the obligations of the organizer of the dissemination of information on the Internet, provided for in Article 101 of this Federal Law.

It is also necessary to "restrict access to or remove, at the request of a user of a public network, information disseminated in it, which is clearly aimed at propaganda of war, incitement of national, racial or religious hatred and enmity, and other information for the dissemination of which criminal or administrative liability is provided, within 24 hours from the moment of receipt of the said application, "the document says.

What happens if Roskomnadzor or other agencies notice violations?

You will need to delete the post.

"The federal executive body performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, within 24 hours from the moment of their receipt, considers them and sends to the owner of the public network an order to immediately stop the dissemination of information specified in part 10 of this article, "- says the text of the bill.

The punishment is quite severe: a fine of up to 50 million rubles. In case of repeated violations, the sites are threatened with blocking.

If the owner of the public network fails to comply with the requirement specified in part 11 of this article, the federal executive body exercising control and supervision functions in the field of mass media, mass communications, information technology and communications shall restrict access to the information specified in this requirement.

High-profile terrorist attacks are not in vain. The Legislative Assembly of the Leningrad Region has developed and is already submitting to the State Duma a bill on social networks. All social media users will be forced to provide their complete personal details. And no anonyms or pseudonyms! The security authorities of the regime should be able to instantly come to a blogger who breaks the laws. For example, reporting an unapproved share.

The Legislative Assembly of the Leningrad Region has developed a bill "On legal regulation activities of social networks ". He suggests strict order admitting and identifying users who will be required to create pages only under their real name. When registering, you will have to provide passport data. Children under 14 years old will be banned from social networks altogether. Submission of the project to the State Duma is scheduled for April 5.

According to the draft law “On the legal regulation of the activities of social networks and on amendments to certain legislative acts” (its text is at the disposal of Izvestia), only a person who has reached the age of 14 can be a user of a social network. When registering, the owner of the service is obliged to check the passport data of Russian and foreign citizens. For violation of this rule, the legal entity - the owner of the site, faces a fine from 100 thousand to 300 thousand rubles. If the user did not report the change in data or deliberately indicated inaccurate information, he faces a fine from 1 thousand to 3 thousand rubles.

You can create only one page and only under the real name and surname, otherwise a fine will follow: the owner of the site - up to 300 thousand rubles, the user - up to 5 thousand. Users under 18 are prohibited from joining communities where information prohibited for children is posted ... Otherwise, the parents will have to pay a fine of up to 2 thousand rubles. Selling any goods to minors through social networks will also be punishable by law. In addition, the document envisages a ban on advertising "of an occult-magical nature and smoking mixtures."

It is forbidden to inform citizens about unauthorized meetings and rallies, disseminate information about unauthorized events and publish correspondence with other users without their consent.

You can not disseminate any information (text, photo, video) that promotes national and other intolerance, the use of alcohol and tobacco products, nontraditional sexual relations, etc. - unless the message is accompanied by "explicit condemnation of these materials" ...

One of the authors of the document, the deputy of the Legislative Assembly of the Leningrad Region, Vladimir Petrov, explained that the law should come into force on January 1, 2018. Social media will have time to lead user agreements in accordance with it, remove those who have not yet turned 14 years old, and collect passport data from the rest in order to change account names if necessary.

Now the situation is difficult: social networks are multimillion-dollar virtual societies that affect the real life of the country. The relevance of the document has been confirmed by recent high-profile events - from unauthorized political speeches to the terrorist threat, - Vladimir Petrov explained. - For the sake of public safety, it is necessary to introduce the principle of universal user verification, this can be done only from the moment a citizen receives a passport - from the age of 14. Nobody is trying to censor or restrict freedom of speech. Verification and strict control over the authenticity of names will only increase the price of one's own opinion and virtual communication ...

A similar trend is visible in Western social networks - their administrations are interested in protecting users from negative and harmful information. They strive to provide personal information as much as possible. I am sure that many countries will follow this path, - said Vladimir Petrov ...

I must admit: the Internet has ceased to be a funny toy, where funny pictures about cats are sent, - said Vitaly Milonov, a State Duma deputy, to Izvestia. - This is a virtual reflection of the state. Attackers often use the Internet and social networks for their own purposes - since the soil allows it. The less irresponsible anonymity there is, the better - this area should not be left to the mercy of molesters, terrorists and criminals. If the document goes to the State Duma for consideration, then, I think, with a number of amendments and after extensive discussion with the industry, it has high chances for the approval of the chamber ...

Another initiative from the bill is a complete ban on the use of social networks during working hours for public sector employees. The explanatory note states that social networks have “enslaved office workers”: the loss of working time is enormous, and employers cannot fight it.

The Legislative Assembly of the Leningrad Region has developed a draft law "On the legal regulation of the activities of social networks." As Izvestia writes, it assumes a strict procedure for admitting and identifying users, who will be obliged to create pages only under their real name. When registering, you will have to provide passport data. Children under 14 years old will be completely banned from social networks. Submission of the project to the State Duma is scheduled for today, April 5.

According to the bill, users of the social network can only be those who have reached the age of 14. When registering, the owner of the service is obliged to check the passport data of citizens. For violation of this rule, the site owner faces a fine of 100 to 300 thousand rubles. If the user did not report the change in data or deliberately indicated inaccurate information, he faces a fine from 1 to 3 thousand rubles.

Also, according to the document, it is prohibited to inform citizens about unauthorized rallies and meetings. The dissemination of information about such events will also be prohibited. And also you can not publish correspondence with other users without their consent.

You cannot disseminate any information (text, photo, video) that promotes national and other intolerance, the use of alcohol and tobacco products, nontraditional sexual relations, and so on - unless the message is accompanied by "explicit condemnation of these materials," continues Izvestia.

One of the authors of the document, the deputy of the Legislative Assembly of the Leningrad Region, Vladimir Petrov, explained that the law should come into force on January 1, 2018. Social networks will have time to bring user agreements in line with it, remove those who have not yet turned 14, and collect passport data from the rest.

Now the situation is difficult: social networks are multimillion-dollar virtual societies that affect the real life of the country. The relevance of the document has been confirmed by recent high-profile events - from unauthorized political speeches to terrorist threats. For the sake of public safety, it is necessary to introduce the principle of universal user verification; this can be done only from the moment a citizen receives a passport - from the age of 14. Nobody is trying to censor or restrict freedom of speech. Verification and strict control over the authenticity of names will only increase the price of one's own opinion and virtual communication, - the deputy explained.

In addition, according to Vladimir Petrov, linking an account to a passport will help solve the problem of manipulating public opinion on the Internet, destroy all kinds of "troll communities" and prankers.

The explanatory note to the bill states that the publication of photos and videos with the use of alcohol and illegal substances, "in the opinion of a teenager, makes him more authoritative in the eyes of others." What consequences this can lead to is shown by the sensational case of Diana Shurygina, who suffered from her drunken peers.

Also mentioned are reports of teenagers committing suicide after joining online communities.

I must admit: the Internet has ceased to be a funny toy, where funny pictures about cats are sent. This is a virtual reflection of the state. Attackers often use the Internet and social networks for their own purposes - since the soil allows it. The less irresponsible anonymity there is, the better - this area should not be left to the mercy of molesters, terrorists and criminals. If the document is submitted to the State Duma for consideration, then, I think, with a number of amendments and after extensive discussion with the industry, it has high chances for the chamber's approval, State Duma deputy Vitaly Milonov told Izvestia.

Presidential adviser German Klimenko said that the bill is still "extremely crude".

I'm not a lawyer, but a definition social network looks very vague and all resources with communication between registered visitors fall under it. But what about unregistered ones? Registration under your own name without pseudonyms also raises many questions. It seems to me that it would make sense to discuss the bill with the industry beforehand. There are enough platforms with professional and legal competencies: Institute of Internet Development, Russian Association for Electronic Communications, Regional Public Center for Internet Technologies. Otherwise, we can get the effect of the "Yarovaya package", when an information storm began due to inaccurately formulated requirements for the volume of traffic storage, - commented German Klimenko.

Director of External Communications Rambler & Co (owns the blog platform Livejournal) Matvey Alekseev said that such a bill is not necessary.

Now everything is perfectly regulated. We have SORM (a system of operational-search measures in telecommunications), we have the Criminal and Civil Codes. If the project becomes law, it will be a blow to domestic projects and social networks. At the same time, the document does not contain restrictions on the use of foreign social networks and blog platforms, - said Matvey Alekseev.

The adoption of the bill could hit business, he said. Many companies use social media to promote products and services.

MOSCOW, April 10 - RIA Novosti. State Duma deputy Vitaly Milonov introduced a bill to parliament that concerns the work of social networks. Thus, the politician proposes to register new users with a passport, prohibit Russians from using social networks during working hours, and also use public pages to organize uncoordinated actions.

In the social network with a passport

One of Milonov's initiatives concerns registration of new users in social networks. In particular, he betrayed to oblige Russians to provide their passport data.

"When registering, the owner is obliged to request from the individual registering, in electronic form, an identity document (including a document proving the identity of a foreign citizen or stateless person in the Russian Federation) and allowing to establish the surname, name, patronymic (if any) and the age of the specified natural person, "- says the explanatory note to the document.

Milonov also proposes to oblige Russians to register on social networks only under their real name and surname. In his opinion, it is also necessary to prohibit a person from creating multiple accounts.

The bill provides that it will be possible to use social networks only from the age of 14.

"The owner has the right to install additional age restrictions for registration individuals in a social network, "- specified in the document.

Milonov paid special attention to publics marked "18+". He proposes to fine parents whose children under the age of 18 join such communities.

If the bill is passed, parents will have to pay a fine ranging from one and a half to two thousand rubles.

Not for work

Another proposal, which Milonov submitted to parliament, regulates the use of social networks during working hours. The deputy is sure that the employer should get the right to prohibit his employees from surfing the Internet.

If the law is adopted, the corresponding amendments will be made to Article 57 of the Labor Code - "Content of the employment contract".

About meetings

Milonov asked to "freeze" the accounts of deceased people in social networksOnly the relatives of the deceased should be given the right to manage the account, says the deputy of the Legislative Assembly of St. Petersburg Vitaly Milonov. He sent an appeal to Roskomnadzor with a request to limit the functionality of such accounts.

Milonov's initiatives have already been commented on in the Kremlin. According to the press secretary of the President Dmitry Peskov, the glad proposals will be difficult to implement in practice.

“We have not seen the essence of this bill, but only read in the media those provisions that may be contained in it, which we are not sure about. -this position, "- said Peskov to journalists who were interested in whether the deputy's initiatives could violate" constitutional human rights to access information and protect personal data. "