The State Duma introduced a bill to block sites that publish information discrediting honor and dignity.

On April 2, 2018, within the framework of the thematic block of bills “Defense and Security”, the State Duma introduced Bill No. 430597-7 , which provides for an amendment to the Federal Law “On Enforcement Proceedings” and the Federal Law “On Information, Information Technologies and Information Protection” ( about the peculiarities of the execution of the requirement contained in the executive document for the removal of information available on the Internet, discrediting the honor, dignity or business reputation of a citizen or business reputation of a legal person face). The authors of the document are the group of deputies of the United Russia faction V.I. Pisarev (head of the committee on security and anti-corruption), his deputies E.A. Valeyev and A. B. Vyborny, and A. S. Gribov (member of the committee on state building).

Only two specific edits are proposed in two laws. The changes will further increase the list of sites that should be blocked on the territory of the Russian Federation. Now there are 118,011 entries in the Roskomnadzor registry.

Federal Law of October 2, 2007 No. 229- “On Enforcement Proceedings” is proposed to be supplemented with article 109 ^{4 of the} following content:

“Article 109 ⁴ . Features of the execution of the requirement contained in the executive document for deleting information spread on the Internet, discrediting the honor, dignity or business reputation of a citizen or business reputation of a legal entity.
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1. In the case when the debtor, after the expiration of the period established for the voluntary execution of the requirement contained in the executive document for deleting information spread on the Internet, discrediting the honor, dignity or business reputation of a citizen or business reputation of a legal entity, did not take measures to prevent or prohibiting the further dissemination of such information by deleting it or restricting access to it, the bailiff shall make a decision on the collection of the executive collection and the post The statement on the restriction of access to information spread on the Internet, discrediting the honor, dignity or business reputation of a citizen or the business reputation of a legal entity.

2. Within one working day from the moment the bailiff’s order is issued to restrict access to information spread on the Internet, discrediting the honor, dignity or business reputation of a citizen or the business reputation of a legal entity, the bailiff submits such order to federal executive body responsible for control and supervision in the field of mass media, mass communications, information
technology and communications. "

In addition, the Federal Law of July 27, 2006 No. 149- “On Information, Information Technologies and Information Protection” is proposed to be amended by adding paragraph 5 of part 15 of article 151 to the following:

"3) the bailiff's decision to restrict access to information spread on the Internet, discrediting the honor, dignity or business reputation of a citizen or the business reputation of a legal entity."

In the explanatory note, the authors explain that the bill is aimed at raising the level of enforcement of executive documents containing requirements for deleting information from the Internet that discredits the honor, dignity or business reputation of a citizen or business reputation of a legal entity.

The requirement to “remove from the Internet” is contained in Article 152 of the Civil Code of the Russian Federation. According to this article, any citizen or legal entity may request to remove information and publish a refutation of defamatory information. In case of refusal of the defendant to fulfill the decision of the court, a fine may be imposed on him. At the same time, the penalty does not remove the obligation to remove the information and / or publish a refutation from the site owner.

However, the established judicial practice has shown that some Russian sites like “Yandex” obey the requirements - and delete the information , other sites do not. Therefore, it became necessary to improve the existing legislation. Now, such offender sites are simply blocked in the territory of the Russian Federation.

Now, if the infringing site has not deleted the information after the deadline set for the voluntary execution of the requirement contained in the executive document, the bailiff makes a decision to block the resource - and sends it to Roskomnadzor. After that, blocking occurs within one working day.

Presumably, consideration of the bill in the State Duma in the first reading will be held in the middle of the week, a source in the United Russia faction told Izvestia.

“The adoption of the draft law will contribute to the protection of the rights and legitimate interests of persons whose honor, dignity and good name have suffered damage as a result of the dissemination of false information that does not correspond to reality,” the authors of the draft law are sure.

“The number of lawsuits and decisions on the inaccuracy of data will increase over time,” said Alexander Pozhalov, research director at ISEPI. - The dissemination of various speculations about acts of corruption or personal accusations is an element of political struggle. In this regard, it is quite logical for the decision of state leaders, election candidates, politicians and big businessmen to follow the path of judicial regulation of this sphere. ”

Earlier, United Russia deputies Sergei Boyarsky and Andrei Alshevsky introduced a bill to the State Duma proposing to fine individuals in the event of refusal to remove defamatory information by 3-5 million rubles, legal entities by 30-50 million rubles. First of all, we are talking about those who disseminate information in social networks and instant messengers like Telegram.

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