What will happen after the entry into force of the law “On protection of children from information?”
Since September 1, 2012, the Federal Law dated December 29, 2010 N 436- “ On the protection of children from information harmful to their health and development ” comes into force. This law is aimed at protecting children from information harmful to their health and (or) development.
Probably the most important thing is that it extends its power to information products placed on the Internet.
Under the information products in accordance with Art. 2 of the Federal Law "On Protection of Children" is understood a lot of things (the full list can be found at the link), as well as information posted on information and telecommunication networks (including the Internet).
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This same article establishes that the turnover of information products is its provision and (or) distribution, including its sale (including distribution by subscription), rent, rental, distribution, distribution from public libraries, public display, public performance (including including broadcasting or cable broadcasting, entertainment events), placement in information and telecommunication networks (including the Internet) and mobile radio telephone communication networks.
That is, as can be seen from Art. 2 The Federal Law "On Protection of Children", this law applies to virtually any use as objects of copyright, as well as any information posted on the Internet.
To begin with, it is worth noting that information products will be classified into categories depending on which age group they are directed to:
• up to six years ( Article 7 of the Federal Law "On Protection of Children");
• from the age of six ( Article 8 of the Federal Law "On Protection of Children");
• from the age of twelve ( Article 9 of the Federal Law "On Protection of Children");
• from the age of sixteen ( Article 10 of the Federal Law "On Protection of Children");
And separately:
• information products prohibited for children (information products containing information provided for in paragraph 2 of Article 5 of the Federal Law "On Protection of Children").
Choose which category of information products , to be its manufacturers and (or) distributors of their own. If you cannot do it yourself, you can contact the experts who must meet the requirements of parts 4-5, 8 of Article 17 of the Federal Law "On Protection of Children"). This should be done before the start of the circulation of information on the territory of the Russian Federation in accordance with the categories mentioned above.
Also, in the event of a turnover, it is necessary to indicate the sign of information products in accordance with the classification given above. The mark of information products must be placed by manufacturers or distributors in accordance with the requirements of art. 12 and technical regulations, which, however, have not yet been adopted.
Article 5 identifies the types of information that is harmful to the health and / or development of children. Its turnover without a sign of information products is not allowed , except for:
• textbooks and manuals recommended or accepted for use in the educational process in accordance with the legislation of the Russian Federation in the field of education;
• TV programs, TV programs that are broadcast on the air without an appointment;
• information products distributed through broadcasting;
• information products shown through entertainment events;
• periodicals specializing in the dissemination of information of a socio-political or production-practical nature.
If it seems to you that the information products are incorrectly qualified, then you can contact the authorized body for an examination of information products. The examination can be carried out in order to ensure the information security of children by decision of the federal executive body authorized by the Government of the Russian Federation, experts, experts and (or) expert organizations.
It is worth, perhaps, separately paying attention to the classification of information that can be communicated to children over sixteen years old in accordance with Part 4. Art. 10 of the Federal Law "On Protection of Children", which says that from age 16 to a child, among other things, you can bring:
• “Separate swear words and (or) expressions not related to foul language”
Firstly, it is not clear which words should be referred to the term “swear words and expressions not related to foul language,” what are these words? Who and how will they be determined?
The word "fool" or "balda", "canal" is swear words? If so, then children’s fairy tales are immediately remembered: “Ivan the Fool”, “The Tale of the Priest and his Worker Balda” by Dumas, “The Three Musketeers” and many other works that we and our children became familiar with long before the age of sixteen.
In order to implement the Federal Law "On Protection of Children", the Federal Law of 21.07.2011 N 252-FZ, from September 1, 2012, introduces amendments to the Code of Administrative Offenses of the Russian Federation , which establish the size of fines for the circulation of information harmful to their health and (or) development .
At the time of writing this article and before the Federal Law “On Protection of Children” entered into force, it remains about two months, however, it seems unlikely that this law will work from the moment it enters into force in full. The federal executive authority in the field of protecting children from information harmful to their health and (or) development has not yet been determined , the mandate of which is to develop and implement a unified state policy in the field of child protection, federal targeted programs to ensure children's information security, and so on.
In this regard, the enforceable liability imposed for violation of the Federal Law “On Protection of Children” cannot be applied, since c there is no person who has the right to bring to administrative responsibility for these violations.
Currently there are no and it is not even clear when the relevant technical regulations will be adopted, the reference to which is in Art. 6 hours and Art. 12 of the Federal Law "On Protection of Children", in accordance with which the mark should be placed on information products. Moreover, it is worth noting that the placement of a sign of information products on the Federal Law "On Protection of Children" should be regulated by technical regulations and the federal executive body in the field of protecting children from information harmful to their health and (or) development.
Summing up, we can conclude that so far, until the federal executive body authorized by the Government of the Russian Federation is determined, as well as the necessary technical regulations are adopted and the procedure for placing an information product sign and / or a text warning about limiting the distribution of information products is established, manufacturers and distributors can not be held responsible for violations of the Federal Law "On Protection of Children" . However, preparing for the application of the Federal Law "On Protection of Children" should be already now, including in the contracts the relevant conditions on the qualification of information products, and qualifying independently produced or distributed information products.
What does this law extend to force, and what could be of interest to the Internet community?
Probably the most important thing is that it extends its power to information products placed on the Internet.
Under the information products in accordance with Art. 2 of the Federal Law "On Protection of Children" is understood a lot of things (the full list can be found at the link), as well as information posted on information and telecommunication networks (including the Internet).
')
This same article establishes that the turnover of information products is its provision and (or) distribution, including its sale (including distribution by subscription), rent, rental, distribution, distribution from public libraries, public display, public performance (including including broadcasting or cable broadcasting, entertainment events), placement in information and telecommunication networks (including the Internet) and mobile radio telephone communication networks.
That is, as can be seen from Art. 2 The Federal Law "On Protection of Children", this law applies to virtually any use as objects of copyright, as well as any information posted on the Internet.
What should we prepare for?
To begin with, it is worth noting that information products will be classified into categories depending on which age group they are directed to:
• up to six years ( Article 7 of the Federal Law "On Protection of Children");
• from the age of six ( Article 8 of the Federal Law "On Protection of Children");
• from the age of twelve ( Article 9 of the Federal Law "On Protection of Children");
• from the age of sixteen ( Article 10 of the Federal Law "On Protection of Children");
And separately:
• information products prohibited for children (information products containing information provided for in paragraph 2 of Article 5 of the Federal Law "On Protection of Children").
Choose which category of information products , to be its manufacturers and (or) distributors of their own. If you cannot do it yourself, you can contact the experts who must meet the requirements of parts 4-5, 8 of Article 17 of the Federal Law "On Protection of Children"). This should be done before the start of the circulation of information on the territory of the Russian Federation in accordance with the categories mentioned above.
Also, in the event of a turnover, it is necessary to indicate the sign of information products in accordance with the classification given above. The mark of information products must be placed by manufacturers or distributors in accordance with the requirements of art. 12 and technical regulations, which, however, have not yet been adopted.
Article 5 identifies the types of information that is harmful to the health and / or development of children. Its turnover without a sign of information products is not allowed , except for:
• textbooks and manuals recommended or accepted for use in the educational process in accordance with the legislation of the Russian Federation in the field of education;
• TV programs, TV programs that are broadcast on the air without an appointment;
• information products distributed through broadcasting;
• information products shown through entertainment events;
• periodicals specializing in the dissemination of information of a socio-political or production-practical nature.
If it seems to you that the information products are incorrectly qualified, then you can contact the authorized body for an examination of information products. The examination can be carried out in order to ensure the information security of children by decision of the federal executive body authorized by the Government of the Russian Federation, experts, experts and (or) expert organizations.
It is worth, perhaps, separately paying attention to the classification of information that can be communicated to children over sixteen years old in accordance with Part 4. Art. 10 of the Federal Law "On Protection of Children", which says that from age 16 to a child, among other things, you can bring:
• “Separate swear words and (or) expressions not related to foul language”
Firstly, it is not clear which words should be referred to the term “swear words and expressions not related to foul language,” what are these words? Who and how will they be determined?
The word "fool" or "balda", "canal" is swear words? If so, then children’s fairy tales are immediately remembered: “Ivan the Fool”, “The Tale of the Priest and his Worker Balda” by Dumas, “The Three Musketeers” and many other works that we and our children became familiar with long before the age of sixteen.
In order to implement the Federal Law "On Protection of Children", the Federal Law of 21.07.2011 N 252-FZ, from September 1, 2012, introduces amendments to the Code of Administrative Offenses of the Russian Federation , which establish the size of fines for the circulation of information harmful to their health and (or) development .
At the time of writing this article and before the Federal Law “On Protection of Children” entered into force, it remains about two months, however, it seems unlikely that this law will work from the moment it enters into force in full. The federal executive authority in the field of protecting children from information harmful to their health and (or) development has not yet been determined , the mandate of which is to develop and implement a unified state policy in the field of child protection, federal targeted programs to ensure children's information security, and so on.
In this regard, the enforceable liability imposed for violation of the Federal Law “On Protection of Children” cannot be applied, since c there is no person who has the right to bring to administrative responsibility for these violations.
Currently there are no and it is not even clear when the relevant technical regulations will be adopted, the reference to which is in Art. 6 hours and Art. 12 of the Federal Law "On Protection of Children", in accordance with which the mark should be placed on information products. Moreover, it is worth noting that the placement of a sign of information products on the Federal Law "On Protection of Children" should be regulated by technical regulations and the federal executive body in the field of protecting children from information harmful to their health and (or) development.
Summing up, we can conclude that so far, until the federal executive body authorized by the Government of the Russian Federation is determined, as well as the necessary technical regulations are adopted and the procedure for placing an information product sign and / or a text warning about limiting the distribution of information products is established, manufacturers and distributors can not be held responsible for violations of the Federal Law "On Protection of Children" . However, preparing for the application of the Federal Law "On Protection of Children" should be already now, including in the contracts the relevant conditions on the qualification of information products, and qualifying independently produced or distributed information products.
Source: https://habr.com/ru/post/147215/
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