Collar for blogger
In the case of the so-called law on bloggers, I deliberately set myself a taboo on reading the text of the draft law until it became law. That is, it was not discussed in several readings, adopted by the State Duma and signed by the President. Why throw beads and waste emotions in vain. The fact that such a law would be passed was understandable. The last few years there is a steady legislative trend aimed at the introduction of essentially censorship on the Internet. Censored tight. The Internet has always been a territory for free communication, and bloggers were essentially the mouthpieces of this freedom - freedom of speech, thought, and opinion. Yes, they are not white and fluffy, but it is not uncommon for violations of laws and moral norms on the part of bloggers ... there are many such “yes”, but instead of looking for ways to regulate, they took the path of prohibition.
In February, the General Prosecutor’s Office was given the opportunity to block Internet sites without a court decision, in May they were put on a blogger and leash on bloggers.
The editors of the “law on bloggers”, which was adopted as a result, led me into shock first (because it turned out that the result was not what the numerous media wrote about), and then into a stupor (because the vagueness and vagueness of the wording is so great that the law will in practice be completely unclear).
So, closer to the point. Federal Law of 05.05.2014 No. 97- “On Amendments to the Federal Law“ On Information, Information Technologies and on Information Protection ”and certain legislative acts of the Russian Federation on the streamlining of information exchange using information and telecommunication networks”.
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When there was a discussion of the bill, then in the media, on the Internet, there were quite a few headlines and arguments under the general meaning of “Bloggers will be equated with the media.” And even after the law was signed by the President, the majority in that spirit entitled their news. And nefig. There is nothing like this in the Federal Law №97. No equating to the media. No changes are made to the law “On Mass Media”.
I would like to ask, everyone who wrote about “equating”, did you even read the bill? I am sure that it is not, otherwise you would see that in No. 97-FZ there is not a word about the rights that the media have.
Section 47 of the Media Law provides journalists with the right to:
1) to seek, request, receive and disseminate information;
2) to visit state bodies and organizations, enterprises and institutions, bodies of public associations or their press services;
3) to be accepted by officials in connection with the request for information;
4) to gain access to documents and materials, with the exception of their fragments, containing information constituting state, commercial or other secrets specially protected by law;
5) to copy, publish, announce or otherwise reproduce documents and materials, subject to the requirements of the first part of Article 42 of this Law;
6) to make recordings, including with the use of audio and video equipment, film and photography, except as required by law;
7) to visit specially protected sites of natural disasters, accidents and catastrophes, mass riots and mass gatherings of citizens, as well as areas in which a state of emergency has been declared; attend meetings and demonstrations;
8) check the accuracy of the information provided to him;
9) to state their personal judgments and assessments in messages and materials intended for distribution under his signature;
10) refuse to prepare a message or material contrary to his beliefs, signed by him;
11) remove his signature under the message or material, the content of which, in his opinion, was distorted during the editorial process, or prohibit or otherwise specify the conditions and nature of the use of this message or material in accordance with the first part of Article 42 of this Law;
12) to distribute the messages and materials prepared by him for his signature, under a pseudonym or without a signature.
In addition, they have the right to keep a hidden record, have the right to distribute personal data and information about the private life of citizens, if it is necessary in the public interest.
The editors have the right to request information about the activities of state bodies, local governments, organizations, public associations, and their officials. Request for information is possible both orally and in writing. The requested information must be provided by the heads of the said bodies, organizations and associations, their deputies, employees of the press services or other authorized persons within their competence. And all the above bodies are obliged to respond to the request within 7 days.
Also a lot of media preferences are given in the field of the use of copyright objects.
The blogger has the right to:
1) freely seek, receive, transmit and disseminate information in any way in accordance with the legislation of the Russian Federation;
2) to state on their website or website page on the Internet their personal judgments and assessments indicating their name or pseudonym;
3) post or allow posting on their website or website page on the Internet the texts and (or) other materials of other Internet users, if the placement of such texts and (or) other materials does not contradict the legislation of the Russian Federation;
4) to distribute advertising on a reimbursable basis in accordance with civil law, Federal Law of March 13, 2006 No. 38- “On Advertising” on its website or website page on the Internet.
And that's it! Called - feel the difference. And she is colossal. In fact, bloggers are not endowed with any media rights. They were not given any protection that the media has.
To be honest, I thought that equating bloggers with the media, which our lawmakers had been shouting about for two months, would be a blessing.
Since Article 57 of the Law on Mass Media provides journalists with sufficiently good armor and exempts from responsibility for disseminating information that does not correspond to reality and discredit the honor and dignity of citizens and organizations, or infringe upon the rights and legitimate interests of citizens, or harm children's health and (or) development or that represent an abuse of freedom of the media and (or) the rights of a journalist:
1) if this information is present in mandatory messages;
2) if they are received from news agencies;
3) if they are contained in the response to a request for information or in the materials of the press services of state bodies, organizations, institutions, enterprises, bodies of public associations;
4) if they are literal reproduction of fragments of speeches of people's deputies at congresses and sessions of Soviets of people's deputies, delegates of congresses, conferences, plenary meetings of public associations, as well as official speeches of officials of state bodies, organizations and public associations;
5) if they are contained in copyright works that are broadcast without prior recording, or in texts that cannot be edited in accordance with this Law;
6) if they are literal reproduction of messages and materials or their fragments disseminated by other mass media (except for cases of disseminating information specified in part six of Article 4 of this Law), which can be established and held accountable for this violation of the legislation of the Russian Federation about the media.
But nothing like this happened. There is no equating. Let me explain with an example the difference between a blogger and the media. Someone MP Pupkin spoke and from the rostrum said that his parliamentary colleague was a thief and child molester. The media wrote about it, the bloggers wrote about it. Pupkin sued. Correspondents to the media and bloggers. Media under item 4 of Art. 57 free from responsibility, no blogger.
Another example. One of the media (No. 1) published the material, another one of the media (No. 2) reprinted it, the blogger posted it on the page (website). A person who believes that the article is spreading defamatory and false information about him, appeals to the media number 2 and a blogger. Media number 2 comes to court and refers to a reprint from the media number 1, and is exempt from liability under paragraph 6 of Article. 57, the blogger is responsible on a par with the number 1 media.
Introduced into the law “On Information, Information Technologies and Information Protection”, Art. 10.2 not only gives an idea of ​​what a blogger is (about this illusion below), but also establishes in paragraphs 1 and 2 a list of bloggers' duties: to check the accuracy of the information provided, not to spread extremism, not to slander, not to insult, not to write about private life , do not distribute pornography, do not swear obscenities, etc.
Citizens, dear ones, I can surprise someone a lot ... so it was impossible for bloggers and all other Internet users to do this before. This is prohibited by other regulations, and the law did not make the difference between bloggers and non-bloggers, just for some reason it was such a wholesale delusion that it is impossible (difficult) to bring a blogger to justice. And the requirements of the law "On Advertising" also apply to bloggers now ... Any lawyer who has an idea about defamation, libel, insult, extremism, personal data, will tell you how you can find and punish an Internet hacker through court. The last example with Bulk confirmation. On the Internet, anonymity has long ceased (almost none). But in order to exclude this “almost” apparently, the “law on bloggers” was passed.
Gradually, we are getting to the most "delicious." Art. 10.2 “On Information, Information Technologies and Information Protection” now gives an idea of ​​what a Blogger is, from the point of view of the law. The owner of the site and (or) pages of the site on the Internet, on which publicly available information is placed and access to which during the day amounts to more than three thousand Internet users (hereinafter referred to as the blogger).
Do you understand? I do not. And I think many the same. And the most discussed question - and the three thousand meters, who is this? How to determine a three-thousandth blogger or not, if 100 people are reading it today, and tomorrow is 5000 ... I have to say, we will know the answer to this question when Roskomnadzor develops and approves "methods for determining the number of users of a site or a page on the Internet" per day . While this technique is not. I can assume that they will count not only by visits, but also by subscribers, friends, etc.
True, there is little idea how our Roskomnadzor can force, say, foreign Twitter and Facebook to put counters, provide data to Roskomnadzor about users ... Although in fact, they will have no choice, since if they refuse to do this, their activities in the Russian Federation will be suspended. Article 10.1 obliges them to provide information upon request, and Art. 15.4 provides for a whole sequence of actions if such a requirement is not met.
How it will look in practice. Roskomnadzor sends a request to Twitter, Livejournal, Facebook and demands to provide information about such and such a user (nickname), as they have reason to believe during the monitoring that the user (nickname) falls under the action of the law on bloggers ... does not receive a response. This is followed by the punishment under art. 19.7.10. Code of Administrative Offenses of the Russian Federation “Failure to submit information or submission of knowingly inaccurate information to the authority responsible for control and supervision in the field of communications, information technologies and mass communications”, and then suspending activities in the Russian Federation, blocking via URL or (most likely) via IP address .
When I told this scheme to familiar bloggers, I retorted that, for example, won “Yandex” removed the rating of bloggers and it would not be difficult for everyone else to hide their ratings, subscribers and attendance ... Ah, naive as children. In this case, Art. 10.1, which introduces a new legal entity - the “Organizer of information dissemination on the Internet”. This is a person who carries out activities to ensure the functioning of information systems and (or) programs for electronic computers that are designed and (or) used for receiving, transmitting, delivering and (or) processing electronic messages of users of the Internet. And further endowed them with not frail responsibilities. They are not only obliged to store information about the facts (read statistics) of receiving, transmitting, delivering and (or) processing voice information, written text, images, sounds or other electronic messages of Internet users. But they are also obliged to do this within six months, to provide this information to authorized state bodies carrying out operational investigative activities or ensuring the security of the Russian Federation, in cases established by federal laws. And the most, the most important thing is that they are obliged to keep this information on the territory of the Russian Federation. I hope to explain what this means is not necessary? No foreign servers, and if you want there, then duplicate here.
What else I am personally embarrassed by a blogger is someone who has a page, a site “which can be accessed within 24 hours” ... So. Stop. What does access mean? Any user has access to any page, website on the Internet. That is, a priori, any page that is not closed by the privacy settings is a blog, and the one who leads it is a blogger? This makes no sense. True, further under the text of the law, Roskomnadzor is already obliged to “approve the methodology for determining the number of users of a site or page of a site on the Internet on a day.” But you can't throw out the words from the song, a blogger is not determined by the number of users, but by the amount of possible access to the site ...
Well, then briefly, how it will work.
You have your own web page, no matter which page. This can be a business card site, a channel on youtube.com, a Vkontakte account, Odnoklassniki, Twitter account, in general any site. There comes the hour of X - 01.08.2014. What do you do? Nothing. Even de facto you have more than 3,000 visitors, you will receive a blogger de jure only after Roskomnadzor enters you in the register of bloggers and sends you a notice that you are included in the register and therefore must publish "your name and initials, email address for sending him legally significant messages. "
There should probably be some conclusion, the result of all the above ... It will not be. Draw your own conclusions. I set out my opinion and vision of the “law on bloggers,” I need to “digest” all this, and can later edit and add.
Take care of yourself.
In February, the General Prosecutor’s Office was given the opportunity to block Internet sites without a court decision, in May they were put on a blogger and leash on bloggers.
The editors of the “law on bloggers”, which was adopted as a result, led me into shock first (because it turned out that the result was not what the numerous media wrote about), and then into a stupor (because the vagueness and vagueness of the wording is so great that the law will in practice be completely unclear).
So, closer to the point. Federal Law of 05.05.2014 No. 97- “On Amendments to the Federal Law“ On Information, Information Technologies and on Information Protection ”and certain legislative acts of the Russian Federation on the streamlining of information exchange using information and telecommunication networks”.
')
1. Media Illusion
When there was a discussion of the bill, then in the media, on the Internet, there were quite a few headlines and arguments under the general meaning of “Bloggers will be equated with the media.” And even after the law was signed by the President, the majority in that spirit entitled their news. And nefig. There is nothing like this in the Federal Law №97. No equating to the media. No changes are made to the law “On Mass Media”.
I would like to ask, everyone who wrote about “equating”, did you even read the bill? I am sure that it is not, otherwise you would see that in No. 97-FZ there is not a word about the rights that the media have.
Section 47 of the Media Law provides journalists with the right to:
1) to seek, request, receive and disseminate information;
2) to visit state bodies and organizations, enterprises and institutions, bodies of public associations or their press services;
3) to be accepted by officials in connection with the request for information;
4) to gain access to documents and materials, with the exception of their fragments, containing information constituting state, commercial or other secrets specially protected by law;
5) to copy, publish, announce or otherwise reproduce documents and materials, subject to the requirements of the first part of Article 42 of this Law;
6) to make recordings, including with the use of audio and video equipment, film and photography, except as required by law;
7) to visit specially protected sites of natural disasters, accidents and catastrophes, mass riots and mass gatherings of citizens, as well as areas in which a state of emergency has been declared; attend meetings and demonstrations;
8) check the accuracy of the information provided to him;
9) to state their personal judgments and assessments in messages and materials intended for distribution under his signature;
10) refuse to prepare a message or material contrary to his beliefs, signed by him;
11) remove his signature under the message or material, the content of which, in his opinion, was distorted during the editorial process, or prohibit or otherwise specify the conditions and nature of the use of this message or material in accordance with the first part of Article 42 of this Law;
12) to distribute the messages and materials prepared by him for his signature, under a pseudonym or without a signature.
In addition, they have the right to keep a hidden record, have the right to distribute personal data and information about the private life of citizens, if it is necessary in the public interest.
The editors have the right to request information about the activities of state bodies, local governments, organizations, public associations, and their officials. Request for information is possible both orally and in writing. The requested information must be provided by the heads of the said bodies, organizations and associations, their deputies, employees of the press services or other authorized persons within their competence. And all the above bodies are obliged to respond to the request within 7 days.
Also a lot of media preferences are given in the field of the use of copyright objects.
The blogger has the right to:
1) freely seek, receive, transmit and disseminate information in any way in accordance with the legislation of the Russian Federation;
2) to state on their website or website page on the Internet their personal judgments and assessments indicating their name or pseudonym;
3) post or allow posting on their website or website page on the Internet the texts and (or) other materials of other Internet users, if the placement of such texts and (or) other materials does not contradict the legislation of the Russian Federation;
4) to distribute advertising on a reimbursable basis in accordance with civil law, Federal Law of March 13, 2006 No. 38- “On Advertising” on its website or website page on the Internet.
And that's it! Called - feel the difference. And she is colossal. In fact, bloggers are not endowed with any media rights. They were not given any protection that the media has.
To be honest, I thought that equating bloggers with the media, which our lawmakers had been shouting about for two months, would be a blessing.
Since Article 57 of the Law on Mass Media provides journalists with sufficiently good armor and exempts from responsibility for disseminating information that does not correspond to reality and discredit the honor and dignity of citizens and organizations, or infringe upon the rights and legitimate interests of citizens, or harm children's health and (or) development or that represent an abuse of freedom of the media and (or) the rights of a journalist:
1) if this information is present in mandatory messages;
2) if they are received from news agencies;
3) if they are contained in the response to a request for information or in the materials of the press services of state bodies, organizations, institutions, enterprises, bodies of public associations;
4) if they are literal reproduction of fragments of speeches of people's deputies at congresses and sessions of Soviets of people's deputies, delegates of congresses, conferences, plenary meetings of public associations, as well as official speeches of officials of state bodies, organizations and public associations;
5) if they are contained in copyright works that are broadcast without prior recording, or in texts that cannot be edited in accordance with this Law;
6) if they are literal reproduction of messages and materials or their fragments disseminated by other mass media (except for cases of disseminating information specified in part six of Article 4 of this Law), which can be established and held accountable for this violation of the legislation of the Russian Federation about the media.
But nothing like this happened. There is no equating. Let me explain with an example the difference between a blogger and the media. Someone MP Pupkin spoke and from the rostrum said that his parliamentary colleague was a thief and child molester. The media wrote about it, the bloggers wrote about it. Pupkin sued. Correspondents to the media and bloggers. Media under item 4 of Art. 57 free from responsibility, no blogger.
Another example. One of the media (No. 1) published the material, another one of the media (No. 2) reprinted it, the blogger posted it on the page (website). A person who believes that the article is spreading defamatory and false information about him, appeals to the media number 2 and a blogger. Media number 2 comes to court and refers to a reprint from the media number 1, and is exempt from liability under paragraph 6 of Article. 57, the blogger is responsible on a par with the number 1 media.
2. Illusion of responsibility
Introduced into the law “On Information, Information Technologies and Information Protection”, Art. 10.2 not only gives an idea of ​​what a blogger is (about this illusion below), but also establishes in paragraphs 1 and 2 a list of bloggers' duties: to check the accuracy of the information provided, not to spread extremism, not to slander, not to insult, not to write about private life , do not distribute pornography, do not swear obscenities, etc.
Citizens, dear ones, I can surprise someone a lot ... so it was impossible for bloggers and all other Internet users to do this before. This is prohibited by other regulations, and the law did not make the difference between bloggers and non-bloggers, just for some reason it was such a wholesale delusion that it is impossible (difficult) to bring a blogger to justice. And the requirements of the law "On Advertising" also apply to bloggers now ... Any lawyer who has an idea about defamation, libel, insult, extremism, personal data, will tell you how you can find and punish an Internet hacker through court. The last example with Bulk confirmation. On the Internet, anonymity has long ceased (almost none). But in order to exclude this “almost” apparently, the “law on bloggers” was passed.
3. Illusion of 3000
Gradually, we are getting to the most "delicious." Art. 10.2 “On Information, Information Technologies and Information Protection” now gives an idea of ​​what a Blogger is, from the point of view of the law. The owner of the site and (or) pages of the site on the Internet, on which publicly available information is placed and access to which during the day amounts to more than three thousand Internet users (hereinafter referred to as the blogger).
Do you understand? I do not. And I think many the same. And the most discussed question - and the three thousand meters, who is this? How to determine a three-thousandth blogger or not, if 100 people are reading it today, and tomorrow is 5000 ... I have to say, we will know the answer to this question when Roskomnadzor develops and approves "methods for determining the number of users of a site or a page on the Internet" per day . While this technique is not. I can assume that they will count not only by visits, but also by subscribers, friends, etc.
True, there is little idea how our Roskomnadzor can force, say, foreign Twitter and Facebook to put counters, provide data to Roskomnadzor about users ... Although in fact, they will have no choice, since if they refuse to do this, their activities in the Russian Federation will be suspended. Article 10.1 obliges them to provide information upon request, and Art. 15.4 provides for a whole sequence of actions if such a requirement is not met.
How it will look in practice. Roskomnadzor sends a request to Twitter, Livejournal, Facebook and demands to provide information about such and such a user (nickname), as they have reason to believe during the monitoring that the user (nickname) falls under the action of the law on bloggers ... does not receive a response. This is followed by the punishment under art. 19.7.10. Code of Administrative Offenses of the Russian Federation “Failure to submit information or submission of knowingly inaccurate information to the authority responsible for control and supervision in the field of communications, information technologies and mass communications”, and then suspending activities in the Russian Federation, blocking via URL or (most likely) via IP address .
When I told this scheme to familiar bloggers, I retorted that, for example, won “Yandex” removed the rating of bloggers and it would not be difficult for everyone else to hide their ratings, subscribers and attendance ... Ah, naive as children. In this case, Art. 10.1, which introduces a new legal entity - the “Organizer of information dissemination on the Internet”. This is a person who carries out activities to ensure the functioning of information systems and (or) programs for electronic computers that are designed and (or) used for receiving, transmitting, delivering and (or) processing electronic messages of users of the Internet. And further endowed them with not frail responsibilities. They are not only obliged to store information about the facts (read statistics) of receiving, transmitting, delivering and (or) processing voice information, written text, images, sounds or other electronic messages of Internet users. But they are also obliged to do this within six months, to provide this information to authorized state bodies carrying out operational investigative activities or ensuring the security of the Russian Federation, in cases established by federal laws. And the most, the most important thing is that they are obliged to keep this information on the territory of the Russian Federation. I hope to explain what this means is not necessary? No foreign servers, and if you want there, then duplicate here.
What else I am personally embarrassed by a blogger is someone who has a page, a site “which can be accessed within 24 hours” ... So. Stop. What does access mean? Any user has access to any page, website on the Internet. That is, a priori, any page that is not closed by the privacy settings is a blog, and the one who leads it is a blogger? This makes no sense. True, further under the text of the law, Roskomnadzor is already obliged to “approve the methodology for determining the number of users of a site or page of a site on the Internet on a day.” But you can't throw out the words from the song, a blogger is not determined by the number of users, but by the amount of possible access to the site ...
4. Other ados
Well, then briefly, how it will work.
You have your own web page, no matter which page. This can be a business card site, a channel on youtube.com, a Vkontakte account, Odnoklassniki, Twitter account, in general any site. There comes the hour of X - 01.08.2014. What do you do? Nothing. Even de facto you have more than 3,000 visitors, you will receive a blogger de jure only after Roskomnadzor enters you in the register of bloggers and sends you a notice that you are included in the register and therefore must publish "your name and initials, email address for sending him legally significant messages. "
There should probably be some conclusion, the result of all the above ... It will not be. Draw your own conclusions. I set out my opinion and vision of the “law on bloggers,” I need to “digest” all this, and can later edit and add.
Take care of yourself.
Source: https://habr.com/ru/post/222587/
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