The court recognized "Mail.Ru" blogger
By the decision in case No. 7-7729 / 15 of August 6, 2015, the Moscow City Court declared Mail.Ru LLC a blogger and confirmed the legality of the imposition of a fine.
Everyone remembers the innovations in the legislation on bloggers, 3000 visitors per day and responsibilities to monitor the content posted by users of sites.
It was very fun, everyone assured each other that the article about bloggers will not work. Meanwhile, bloggers began to catch and fine.
Let me remind you, in accordance with Art. 10.2 of the Federal Law of 27.07.2006 N 149- “On Information, Information Technologies and Information Protection”, the blogger is considered to be “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 is during the day is more than three thousand users of the Internet. In accordance with this article, the blogger MUST:
But back to Mail.ru LLC. In May 2015, the prosecutor of the Northern Administrative District of Moscow initiated a administrative offense case against Mail.ru.R.A. according to Art. 20.29 of the Administrative Code of the Russian Federation (mass distribution of extremist materials included in the published federal list of extremist materials). Upon an administrative offense by the Savelovsky District Court of Moscow, Mail.Ru Ltd. was fined (from 50,000 to 100,000). Meil.Ru Ltd. disagreeing with the decision of the first instance appealed the decision of the Savelovsky District Court of Moscow to the Moscow City Court and, unfortunately, lost the court of the second instance.
As follows from the text of the decision of the Moscow City Court of August 6, 2015, the offense of Mail.ru, LLC, is that a certain user posted on the website My World a certain forbidden video of extremist orientation. “My world”, by itself, is visited by more than 3000 users per day and it contains publicly available information, from which the courts concluded that Mail.ru was a blogger. Further, the logic of the courts was simple - since a blogger is obliged to "not allow ...", "check ..." and "follow ...". And it doesn't matter that the video was placed not by Mail.Ru Ltd., but by the site visitor.
Actually, this self-sufficient news is difficult to comment. I advise you to think three times before allowing site visitors to write comments and post something without pre-moderation ... and, of course, take care of yourself and use the services of lawyers to minimize risks.
Everyone remembers the innovations in the legislation on bloggers, 3000 visitors per day and responsibilities to monitor the content posted by users of sites.
It was very fun, everyone assured each other that the article about bloggers will not work. Meanwhile, bloggers began to catch and fine.
Let me remind you, in accordance with Art. 10.2 of the Federal Law of 27.07.2006 N 149- “On Information, Information Technologies and Information Protection”, the blogger is considered to be “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 is during the day is more than three thousand users of the Internet. In accordance with this article, the blogger MUST:
1) not to allow the use of a website or a website page on the Internet for the purpose of committing criminal offenses, for disclosing information constituting a state secret or other secret protected by law, for disseminating materials containing public calls for terrorist activities or publicly justifying terrorism, other extremist materials, as well as materials promoting pornography, the cult of violence and cruelty, and materials containing foul language;
2) check the accuracy of the publicly available information before its placement and immediately remove the false information placed;
3) prevent the dissemination of information about the private life of a citizen in violation of civil law;
4) comply with the prohibitions and restrictions provided for by the legislation of the Russian Federation on referendum and the legislation of the Russian Federation on elections;
5) comply with the requirements of the legislation of the Russian Federation governing the procedure for the dissemination of mass information;
6) to respect the rights and legitimate interests of citizens and organizations, including the honor, dignity and business reputation of citizens, the business reputation of organizations.
But back to Mail.ru LLC. In May 2015, the prosecutor of the Northern Administrative District of Moscow initiated a administrative offense case against Mail.ru.R.A. according to Art. 20.29 of the Administrative Code of the Russian Federation (mass distribution of extremist materials included in the published federal list of extremist materials). Upon an administrative offense by the Savelovsky District Court of Moscow, Mail.Ru Ltd. was fined (from 50,000 to 100,000). Meil.Ru Ltd. disagreeing with the decision of the first instance appealed the decision of the Savelovsky District Court of Moscow to the Moscow City Court and, unfortunately, lost the court of the second instance.
As follows from the text of the decision of the Moscow City Court of August 6, 2015, the offense of Mail.ru, LLC, is that a certain user posted on the website My World a certain forbidden video of extremist orientation. “My world”, by itself, is visited by more than 3000 users per day and it contains publicly available information, from which the courts concluded that Mail.ru was a blogger. Further, the logic of the courts was simple - since a blogger is obliged to "not allow ...", "check ..." and "follow ...". And it doesn't matter that the video was placed not by Mail.Ru Ltd., but by the site visitor.
Actually, this self-sufficient news is difficult to comment. I advise you to think three times before allowing site visitors to write comments and post something without pre-moderation ... and, of course, take care of yourself and use the services of lawyers to minimize risks.
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Source: https://habr.com/ru/post/276917/
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