Black lists: how we sued the Rospotrebnadzor (part 2)

(continuation of habratopik " Black lists: how we were suing Rospotrebnadzor " from April 3, 2013)

On Tuesday, June 18, 2013, was at a meeting in the Kaluga Regional Court in the case of " Absurdopedia vs Rospotrebnadzor" (the appellate court).

Prehistory

I remind you, I dispute the ban of the comic article “How to do it: To commit suicide” ( copy ), which the evil uncles from Rospotrebnadzor considered propaganda of suicide.
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This case is very different from the “YouTube vs Rospotrebnadzor” case: if the guys from Google argued that the banned video does not contain information about the methods of committing suicide, then our case is a case of violation of constitutional rights, namely the right to literary creativity (art. 44 Constitution). Restrict it, according to Art. 55 of the Constitution, it is possible only if there is direct harm to the “morality and health of others”.

There is no such harm in this case: not a single potential suicidal person will go to kill himself by reading IT (or rather, and vice versa, it will not work because he has read). But Rospotrebnadzor does not even try to prove the existence of harm: instead, he insists on the mantra "nothing can be written about suicides, because it is a priori harmful." And it is precisely with this that we struggle - no one dares to forbid the theme of a literary work.

If Tolstoy lived and wrote Anna Karenina today, they would have burned her and sat contented. When dealing with such people, it is absolutely necessary to go to the end.

Documents from the previous (Obninsk) court

These documents have not yet been received when the previous habratopik was published. I spread it, because asked about them.

• The full court decision of April 1 (about which the previous habratopic was) is nothing interesting here (except why there is nothing interesting here). The judge did a very wonderful thing: having received a petition for reinstatement in the text of the original claim , he did not consider it (under the Code of Civil Procedure) and went to discuss the case on the merits (after de facto restoring the term). And then he took and justified the decision with this term (instead of a decision on the merits). So you can not do, and it was one of the arguments of my appeal.
• The list of employees of Rospotrebnadzor who can make decisions on inclusion in the register .

• Minutes of the 15th meeting of Rospotrebnadzor of November 17, 2012 (with the names of the signatories). In addition to the page of the Absurdopedia, a number of other pages were also banned at this meeting, including the Lurkomorye article "Suicide".
• The decision of Rospotrebnadzor №244 to ban the page "How to do it: To commit suicide . " Confirms that Rospotrebnadzor initially knew that the material is a humorous literary work.

• Fragments of the beginning and the end of the screenshots of the article made by the Rospotrebnadzor, which were evaluated by experts . We see that: 1) the part of the article is bitten off at the bottom: a link to "How correctly: Change your mind to commit suicide" and the announcement "The administration warns: suicide is dangerous for your health" (both confirm the good intentions of the authors, then IMHO, and bite off), 2) the picture was taken on a widescreen monitor, and the “How To” logo (crossed instruments) is at a great distance from the text. He could not be considered part of the article itself (hello, the experts, who described it as "tools for committing suicide").
• Full expertise (previously published only quotes). Here is a full examination from the Faculty of Arts at Moscow State University , from Sechenov MSMU and from the Center for Medical and Social Policy and Training (the latter is the tin).

So what's up with the appeal?

Documents:

• Brief appeal (uninteresting, read full).
• Addition to the appeal . Clause 1 - procedural (in time), clause 2 - disproportionality of Rospotrebnadzor’s actions (no harm proved to prevent which the prohibition of the work would be necessary), clause 3 - the quality of unfortunate examinations that Rospotrebnadzor previously provided. Note that no new expertise (beyond those that were previously) at the appeal stage could not be brought (and we could not).

The harsh organization Rospotrebnadzor apparently was so frightened by a simple student (from whom they clearly expected him to surrender after the first instance), that this time they sent as many as two representatives (a man and a woman) to deal with this insidious villain. They even looked at me with some interest, like a rare animal with strange habits. In turn, I was assisted by the lawyer Damir Gainutdinov from the human rights organization Agora (for which he thanks a lot).

In addition to their usual position (“the applicant Barmaley and eats children for breakfast”), representatives of the Federal Service for Supervision of Consumer Rights Protection and Human Rights made a number of interesting statements (reproduced from memory)

• Postmoderation of the state they do not consider censorship. They told it like this: “Censorship is if you brought the text to us before publication, and we would decide whether to publish or not to publish. And here at the discretion of the authors is left to publish. But if his moral qualities were not enough, then what can you do - we had to! ” Not a bad interpretation, is it? They believe that authors are required to engage in self-censorship (!). And if the authors do not want to burn their works themselves, then when the state then does this, according to Rospotrebnadzor, it is not censorship, because it is “not before, but after”. And the whole system is considered to be “not censored.”
• “[...] the detrimental effect of [suicide materials] not only on children, but also on other persons ”
• “ In the title “ How to: Suicide "you don’t need to be any expert to understand that it is [harmful]"
• As a bonus, a representative of the Rospotrebnadzor burst out with a long eulogy to the State Duma deputies. They supposedly provided for everything , so that we didn’t have to think with the brain . They are so smart that they come up with this law! Etc.

Result

The court (headed by the presiding judge Sychev Yu.V. ) refused to cancel censorship. Everyone is surprised. It was expected.

We go further, down to the ECHR. Literature will be free.