Is it possible to provide children with access to the Internet? Or what threatens those who want to help schools
On Habré, and indeed on the whole on the Internet, there are quite a few articles in which the authors describe their experience in creating school networks, organizing the system for providing an Internet service provider, etc. The work of such enthusiasts can only be welcomed. However, outside of these articles, as a rule, remains the legal side. All services provided must comply with applicable laws and regulations of regulators. Otherwise, sooner or later the prescription will follow.
The most problematic for implementation, as statistics show, are the requirements of Federal Law No. 436- “On the Protection of Children from Information Harmful to their Health and Development”. On the possibility of implementing its requirements (more precisely, the impossibility of doing this) and let's talk.
This article was written in connection with the questions asked during the discussion of the publication of the Internet in Russian schools: work on the bugs .
So, attention is Federal Law No. 436- “On the protection of children from information harmful to their health and development” (as amended by Federal Laws dated 28.07.2012 N 139- , dated 05.04.2013 N 50- , dated 29.06. 2013 N 135- , dated 02.07.2013 N 185- , dated 14.10.2014 N 307- ). The law of December 29, 2010, published on December 31, 2010, should have come into force in a year and a half (and did it) on September 1, 2012.
')
Again, the law appeared in the composition of 139-FZ - the famous law on blacklists. Contrary to popular belief, 139-FZ is not an independent law - it only introduced changes to various legislative acts, including 436-FZ was also amended.
Strangely enough, the law itself did not cause widespread outrage - it drew much more attention and continues to attract No. 149- “On Information, Information Technologies and Information Protection” with its famous “Roskomnadzor black lists”.
And yet it is completely unfair. 436-FZ is impracticable in principle - but no one paid particular attention to this - except for (naturally) those who can use it for their own benefit. For an example, see the comments of the RAEC .
What does the law govern?
In accordance with the title, the law regulates only and exclusively the procedure for restricting access to certain information to minors. The procedure for the dissemination of such information is governed by entirely different laws.
What information falls under the requirements of the law?
According to the law, the following information is prohibited for distribution among children:
In principle, the list is quite logical. The problem, as always, is in the details. For example, it can be noted that the definitions of family values ​​and illegal behavior differ for different groups of the population. But point 8 (although in general it is logical and the reason for its presence is understandable), in particular, it actually requires the cancellation of the display of minors in the news.
Interestingly, points 1-5 are unacceptable on radio and television from 4 to 23 hours - with the exception of pay channels. And from 7 to 21 o'clock swear words and materials exploiting an interest in sex are also unacceptable - also with the exception of paid channels. Apparently, it is believed that children do not watch paid channels.
Additionally, the law imposes restrictions on access to various types of information depending on age. This list includes information:
This list is more interesting. Under the first two points can get any news, and point 4 is now there in almost all TV shows. Of course, the conclusion of the works of the great masters of the past from the law is justified (but it is completely unclear how it will be determined what was created by the great masters, what is not), but the conclusion from the law of advertising is truly amazing - it turns out that information is acceptable in advertising, " which can cause their health and (or) development. ”
What is information in terms of this law and where can it be located?
How dependent is access to information on age?
The law introduces four age categories: up to six years, from six and above, from twelve and above and from sixteen and above.
Up to six years old children may have access to information:
It is necessary to note the phrase “containing those justified by its genre and (or) plot”. Applied to the Internet, this may mean a ban on various banners and pop-up windows, provided that the information contained in them does not correspond to the content of the pages on which they are displayed.
It is particularly interesting that cruelty is available on the condition of the triumph of good - in real life we ​​see the imitation of Dart Vader, but not Skywalker.
From six years old can be available (again as part of the plot):
According to the definitions of the law, non-naturalistic is an image or description in any form without fixing attention to the details, anatomical details and (or) physiological processes. In this regard, points 1 and 2 practically exclude the possibility of viewing the news - their contents, as a rule, are not considered non-naturalistic.
In categories 12+ become available (and also in the framework of the plots):
In this category, there are still demands for compassion for any victim, condemnation of the use of alcohol and tobacco, and a ban on showing sexual activities, which, again, is difficult compatible with watching various TV shows, TV shows and movies.
The law also notes that in the presence of parents or other legal representatives of children, information available from the age of 12 may also be available to younger children. How to share information for children who watch programs with and without parents is not described in the law.
Finally, from the age of 16 become available:
Everything described above is directly applicable to the Internet, since information, according to the law, includes everything that can be distributed through the Web - texts, films, music, programs, etc.
One has only to add that the law does not restrict the access of this category of persons to information of a scientific type, advertising (that's what harms children and parents' wallets!), Information “of considerable historical, artistic or other cultural value for society”. And school programs with their description of family values ​​...
How is information classified?
How is information belonging to one category or another determined? According to the law, the classification is carried out by its manufacturers and (or) distributors independently, taking into account (including) the peculiarities of the perception of information by children of a certain age category and the probability of causing information to the health and (or) development of children. The possibility of the breadth of interpretation of these provisions is not even commented.
Movies and educational materials are separately classified.
Who falls under the requirements of the law?
All information must be marked with a special sign (image or text warning).
But there are exceptions to any rule. Without a corresponding sign, information can be disseminated through textbooks and manuals, through radio, at various events, with the help of "periodicals specialized in disseminating information of a socio-political or production-practical nature." The last point is quite interesting - it turns out that in serious publications it is quite possible to post, say, calls for terrorism and violence - with a demonstration of naturalistic images. And, most importantly, the sign is not needed for information “distributed through information and telecommunication networks, including the Internet, except network publications”.
Note that, as always, all those involved in the law were divided into groups of readers and those who did not read it, but heard about it. Thus, information on the minimum age immediately began to sound in radio advertising, which, as stated above, is not required by law. On the other hand, the sign of the availability of information appeared on all printed materials - even one where nothing pornographic could not exist in principle. So, on the magazine about network solutions now appears 16+. Everyone knows that system administrators and programmers are engaged in rare distortions, but who would have thought that in their journals they harm minors?
Also signs are not placed - attention! - on:
Thus, marks can be placed on the Internet only on sites that have registered as online publications.
Who should fulfill the requirements of the law?
In essence, everyone who is in one way or another can provide access to information to minors falls under the law. Hospitals, schools, public institutions, companies with wireless networks, companies on whose territory children can simply be. In the end, just users who have a mobile phone with open Wi-Fi. It makes sense to quote the law:
Additionally we will translate into Russian certain provisions:
And the demand that access to prohibited information was impossible at a distance of up to 100 meters from schools, hospitals, etc. sounds quite fantastic. The poor residents of nearby houses ...
Where and how is access restricted?
Access to prohibited information is limited in places accessible to children. More precisely, in public places, the access of the child in which is not prohibited. Access restriction is carried out using administrative and organizational measures, hardware and software. It should be noted right away that only software and hardware tools are supposed to be used - purely software tools are not allowed. The requirements for administrative and organizational measures, hardware and software and hardware are established, according to the law, by the federal executive body authorized by the Government of the Russian Federation, which is not explicitly defined in the law.
Who decides (please pay special attention!)?
Experts accredited by the federal executive body authorized by the Government of the Russian Federation. The register of accredited experts and expert organizations is open and accessible for review to any natural and legal persons, except in cases where access to such information is restricted in accordance with federal laws. The Internet contains information from the registry, including data on information products, the expert is authorized to carry out the examination, as well as all of his contact information.
The experts may be persons with higher professional education and possessing special knowledge, including in the field of pedagogy, developmental psychology, developmental physiology, and child psychiatry. At the same time, they are not producers, distributors of information products submitted for examination, or their representatives.
The term of the examination may not exceed thirty days from the date of the conclusion of the contract for its implementation.
Expert opinion should contain including:
Information on the examination and its results is posted on the Internet within two working days, and no later than fifteen days from the date of receipt of the expert opinion, the federal executive body authorized by the Government of the Russian Federation decides that the information products do not comply with the requirements of the law and issue an order about elimination of the revealed violation.
Who will check?
State supervision is carried out within its competence by the federal executive body that performs the functions of control and supervision in the field of mass media, including electronic, and mass communications, information technology and communications, the federal executive body that carries out federal government supervision in the field of protection consumer rights, and the federal executive body responsible for monitoring and supervising education and science
Public organizations and individuals can also control activities to restrict children's access to information - including in the courts. Any interested person can challenge the decision in court.
How to fulfill the requirements of the law?
Let's sum up:
We will not deal with measures to restrict access to information in paper form (including wall newspapers), information transmitted via radio and television. In the latter two cases, the problem is also unsolvable, but it is impossible to grasp the immense - and in the next article we will talk about the possibility of restricting access to information on the Internet, local networks - including available wireless ones. And also a little about how to repel the attacks of the prosecutor.
And a traditional question for attentive readers:
Due to the fact that this article was originally posted on Habrahabr, but then, at the request of the administrators, it was transferred to this resource - a request to those who have previously rated it - for the purity of the experiment, not to repeat it.
The most problematic for implementation, as statistics show, are the requirements of Federal Law No. 436- “On the Protection of Children from Information Harmful to their Health and Development”. On the possibility of implementing its requirements (more precisely, the impossibility of doing this) and let's talk.
This article was written in connection with the questions asked during the discussion of the publication of the Internet in Russian schools: work on the bugs .
So, attention is Federal Law No. 436- “On the protection of children from information harmful to their health and development” (as amended by Federal Laws dated 28.07.2012 N 139- , dated 05.04.2013 N 50- , dated 29.06. 2013 N 135- , dated 02.07.2013 N 185- , dated 14.10.2014 N 307- ). The law of December 29, 2010, published on December 31, 2010, should have come into force in a year and a half (and did it) on September 1, 2012.
')
Again, the law appeared in the composition of 139-FZ - the famous law on blacklists. Contrary to popular belief, 139-FZ is not an independent law - it only introduced changes to various legislative acts, including 436-FZ was also amended.
Strangely enough, the law itself did not cause widespread outrage - it drew much more attention and continues to attract No. 149- “On Information, Information Technologies and Information Protection” with its famous “Roskomnadzor black lists”.
And yet it is completely unfair. 436-FZ is impracticable in principle - but no one paid particular attention to this - except for (naturally) those who can use it for their own benefit. For an example, see the comments of the RAEC .
What does the law govern?
In accordance with the title, the law regulates only and exclusively the procedure for restricting access to certain information to minors. The procedure for the dissemination of such information is governed by entirely different laws.
What information falls under the requirements of the law?
According to the law, the following information is prohibited for distribution among children:
- encouraging children to commit acts that threaten their lives and / or health, including harm to their health, suicide;
- capable of causing children to desire to use narcotic drugs, psychotropic and (or) intoxicating substances, tobacco products, alcoholic and alcohol-containing products, beer and beverages made on its basis, to take part in gambling, engage in prostitution, vagrancy or begging;
- justifying or justifying the admissibility of violence and (or) cruelty or encouraging to carry out acts of violence against people or animals, except in cases provided for by this Federal Law;
- rejecting family values, promoting non-traditional sexual relationships and forging disrespect for parents and / or other family members;
- justifying wrongful conduct;
- containing foul language;
- containing pornographic information. According to the law, pornography is information that is presented in the form of naturalistic images or descriptions of human sex organs and (or) sexual intercourse, or actions of a sexual nature comparable to sexual intercourse, including such an act committed in relation to an animal. At least under this definition falls everything relating to the relevant sections of medicine!
- about a minor who suffered as a result of unlawful actions (inaction), including the last name, first name, patronymic, photo and video image of such a minor, his parents and other legal representatives, the date of birth of such a minor, audio recording of his vote, his place of residence or place of temporary stay, place of study or work, other information that allows directly or indirectly to establish the identity of such a minor
In principle, the list is quite logical. The problem, as always, is in the details. For example, it can be noted that the definitions of family values ​​and illegal behavior differ for different groups of the population. But point 8 (although in general it is logical and the reason for its presence is understandable), in particular, it actually requires the cancellation of the display of minors in the news.
Interestingly, points 1-5 are unacceptable on radio and television from 4 to 23 hours - with the exception of pay channels. And from 7 to 21 o'clock swear words and materials exploiting an interest in sex are also unacceptable - also with the exception of paid channels. Apparently, it is believed that children do not watch paid channels.
Additionally, the law imposes restrictions on access to various types of information depending on age. This list includes information:
- represented as an image or description of cruelty, physical and / or mental violence, crime or other antisocial action;
- causing fear, horror or panic in children, including represented as an image or description in a degrading form of non-violent death, illness, suicide, accident, accident or catastrophe and (or) their consequences;
- represented as an image or description of sex between a man and a woman;
- containing swear words and phrases not related to foul language.
This list is more interesting. Under the first two points can get any news, and point 4 is now there in almost all TV shows. Of course, the conclusion of the works of the great masters of the past from the law is justified (but it is completely unclear how it will be determined what was created by the great masters, what is not), but the conclusion from the law of advertising is truly amazing - it turns out that information is acceptable in advertising, " which can cause their health and (or) development. ”
What is information in terms of this law and where can it be located?
Information products - media products, printed materials, audiovisual products on any type of media, programs for electronic computers (computer programs) and databases, as well as information disseminated through entertainment events and information placed in information and telecommunication networks (including the Internet) and mobile radio telephone communication networks.
How dependent is access to information on age?
The law introduces four age categories: up to six years, from six and above, from twelve and above and from sixteen and above.
Up to six years old children may have access to information:
- not harmful to the health and (or) development of children;
- containing episodic non-naturalistic images or descriptions of physical and / or mental violence (excluding sexual violence) justified by its genre and (or) plot, subject to the triumph of good over evil and expression of compassion for the victim of violence and (or) condemnation of violence.
It is necessary to note the phrase “containing those justified by its genre and (or) plot”. Applied to the Internet, this may mean a ban on various banners and pop-up windows, provided that the information contained in them does not correspond to the content of the pages on which they are displayed.
It is particularly interesting that cruelty is available on the condition of the triumph of good - in real life we ​​see the imitation of Dart Vader, but not Skywalker.
From six years old can be available (again as part of the plot):
- short-term and non-naturalistic depiction or description of human diseases (with the exception of serious diseases) and / or their consequences in a form that does not degrade human dignity;
- non-naturalistic depiction or description of an accident, accident, catastrophe, or non-violent death without showing the consequences that may cause fear, horror, or panic in children;
- episodic images or descriptions of these actions and (or) crimes that do not encourage the commission of antisocial actions and / or crimes, provided that their permissibility is not justified and not justified and a negative, condemning attitude towards the perpetrators is expressed.
According to the definitions of the law, non-naturalistic is an image or description in any form without fixing attention to the details, anatomical details and (or) physiological processes. In this regard, points 1 and 2 practically exclude the possibility of viewing the news - their contents, as a rule, are not considered non-naturalistic.
In categories 12+ become available (and also in the framework of the plots):
- episodic depiction or description of cruelty and (or) violence (with the exception of sexual violence) without a naturalistic demonstration of the process of deprivation of life or mutilation, provided that compassion for the victim is expressed and (or) a negative, condemning attitude towards cruelty and violence (with the exception of violence, applied in cases of protecting the rights of citizens and the interests of the society or the state protected by law);
- a picture or description that does not encourage the commission of antisocial actions (including the consumption of alcoholic and alcohol-containing products, beer and beverages made on its basis, participation in gambling, vagrancy or begging), episodic mention (without demonstration) of narcotic drugs, psychotropic and (or) intoxicating substances, tobacco products, provided that the permissibility of antisocial actions is not justified and justified, a negative, condemning attitude is expressed e to them and provides an indication of the risk of consumption of these products, tools, materials, products;
- non-exploitative interest in sex and non-exciting or offensive episodic non-naturalistic depiction or description of sexual relations between a man and a woman, with the exception of an image or description of sexual activities.
In this category, there are still demands for compassion for any victim, condemnation of the use of alcohol and tobacco, and a ban on showing sexual activities, which, again, is difficult compatible with watching various TV shows, TV shows and movies.
The law also notes that in the presence of parents or other legal representatives of children, information available from the age of 12 may also be available to younger children. How to share information for children who watch programs with and without parents is not described in the law.
Finally, from the age of 16 become available:
- a picture or description of an accident, accident, catastrophe, illness, death without a naturalistic display of their consequences, which may cause fear, horror or panic in children;
- a depiction or description of cruelty and (or) violence (with the exception of sexual violence) without a naturalistic demonstration of the process of deprivation of life or mutilation, provided that compassion for the victim is expressed and (or) a negative, condemning attitude towards cruelty, violence (with the exception of violence used by in cases of protection of the rights of citizens and legally protected interests of the society or the state);
- information about narcotic drugs or psychotropic and (or) about intoxicating substances (without their demonstration), about the dangerous consequences of their consumption with the demonstration of such cases, provided that they express a negative or condemning attitude towards the consumption of such drugs or substances and indicate the danger of them consumption;
- separate swear words and (or) expressions not related to foul language;
- not exploiting the interest in sex and not having an offensive character or a description of sex between a man and a woman, with the exception of an image or description of sexual activities.
Everything described above is directly applicable to the Internet, since information, according to the law, includes everything that can be distributed through the Web - texts, films, music, programs, etc.
One has only to add that the law does not restrict the access of this category of persons to information of a scientific type, advertising (that's what harms children and parents' wallets!), Information “of considerable historical, artistic or other cultural value for society”. And school programs with their description of family values ​​...
How is information classified?
How is information belonging to one category or another determined? According to the law, the classification is carried out by its manufacturers and (or) distributors independently, taking into account (including) the peculiarities of the perception of information by children of a certain age category and the probability of causing information to the health and (or) development of children. The possibility of the breadth of interpretation of these provisions is not even commented.
Movies and educational materials are separately classified.
Who falls under the requirements of the law?
All information must be marked with a special sign (image or text warning).
But there are exceptions to any rule. Without a corresponding sign, information can be disseminated through textbooks and manuals, through radio, at various events, with the help of "periodicals specialized in disseminating information of a socio-political or production-practical nature." The last point is quite interesting - it turns out that in serious publications it is quite possible to post, say, calls for terrorism and violence - with a demonstration of naturalistic images. And, most importantly, the sign is not needed for information “distributed through information and telecommunication networks, including the Internet, except network publications”.
Note that, as always, all those involved in the law were divided into groups of readers and those who did not read it, but heard about it. Thus, information on the minimum age immediately began to sound in radio advertising, which, as stated above, is not required by law. On the other hand, the sign of the availability of information appeared on all printed materials - even one where nothing pornographic could not exist in principle. So, on the magazine about network solutions now appears 16+. Everyone knows that system administrators and programmers are engaged in rare distortions, but who would have thought that in their journals they harm minors?
Also signs are not placed - attention! - on:
- information disseminated through information and telecommunication networks, including the Internet, except for network publications;
- comments and (or) messages posted by readers of the online edition on the website of such publication.
Thus, marks can be placed on the Internet only on sites that have registered as online publications.
Who should fulfill the requirements of the law?
In essence, everyone who is in one way or another can provide access to information to minors falls under the law. Hospitals, schools, public institutions, companies with wireless networks, companies on whose territory children can simply be. In the end, just users who have a mobile phone with open Wi-Fi. It makes sense to quote the law:
The circulation of information products containing information that is prohibited for distribution among children ... in places accessible to children is not allowed without the use of administrative and organizational measures, technical and software and hardware means of protecting children from this information.
Access to information disseminated through information and telecommunication networks, including the Internet, in places accessible to children , is provided by the person organizing access to the Internet in such places ( except for telecom operators providing these communication services to based on contracts for the provision of communication services concluded in writing ) to other persons subject to the application of administrative and organizational measures, technical, software and hardware means of protecting children from information harmful to their health and (or) development.
A website on the Internet, not registered as a mass media, may contain a sign of information products (including in machine-readable form) and (or) a text warning about restricting its distribution among children, corresponding to one of the categories of information products ... Classification of sites carried out by their owners independently in accordance with the requirements of this Federal Law.
In information products for children, including information products distributed through information and telecommunication networks, including the Internet, and mobile radio telephone networks, it is not allowed to post announcements about children's involvement in creating information products that are harmful to their health and (or) development.
Information products prohibited for children are not allowed to be distributed in educational institutions intended for children, children's medical, sanatorium-resort, physical culture and sports organizations, cultural organizations, children's recreation and health improvement organizations or at a distance of less than one hundred meters from the borders of the territories of these organizations .
Additionally we will translate into Russian certain provisions:
- providers do not restrict access (it is quite difficult to imagine a provider working without an agreement);
- if access is not organized by the provider - if you please, take measures. Restrictions are imposed by the company or person organizing or controlling the access of minors to the Internet;
- Sites (with the exception of those registered as mass media) may (but are not required to) inform about age restrictions.
And the demand that access to prohibited information was impossible at a distance of up to 100 meters from schools, hospitals, etc. sounds quite fantastic. The poor residents of nearby houses ...
Where and how is access restricted?
Access to prohibited information is limited in places accessible to children. More precisely, in public places, the access of the child in which is not prohibited. Access restriction is carried out using administrative and organizational measures, hardware and software. It should be noted right away that only software and hardware tools are supposed to be used - purely software tools are not allowed. The requirements for administrative and organizational measures, hardware and software and hardware are established, according to the law, by the federal executive body authorized by the Government of the Russian Federation, which is not explicitly defined in the law.
Who decides (please pay special attention!)?
Experts accredited by the federal executive body authorized by the Government of the Russian Federation. The register of accredited experts and expert organizations is open and accessible for review to any natural and legal persons, except in cases where access to such information is restricted in accordance with federal laws. The Internet contains information from the registry, including data on information products, the expert is authorized to carry out the examination, as well as all of his contact information.
The experts may be persons with higher professional education and possessing special knowledge, including in the field of pedagogy, developmental psychology, developmental physiology, and child psychiatry. At the same time, they are not producers, distributors of information products submitted for examination, or their representatives.
The term of the examination may not exceed thirty days from the date of the conclusion of the contract for its implementation.
Expert opinion should contain including:
2) information about the expert organization and expert;
3) questions posed to the expert, experts;
5) the content and results of studies with an indication of methods;
6) motivated answers to questions posed to the expert, experts.
Information on the examination and its results is posted on the Internet within two working days, and no later than fifteen days from the date of receipt of the expert opinion, the federal executive body authorized by the Government of the Russian Federation decides that the information products do not comply with the requirements of the law and issue an order about elimination of the revealed violation.
Who will check?
State supervision is carried out within its competence by the federal executive body that performs the functions of control and supervision in the field of mass media, including electronic, and mass communications, information technology and communications, the federal executive body that carries out federal government supervision in the field of protection consumer rights, and the federal executive body responsible for monitoring and supervising education and science
Public organizations and individuals can also control activities to restrict children's access to information - including in the courts. Any interested person can challenge the decision in court.
How to fulfill the requirements of the law?
Let's sum up:
- The law was clearly written not to filter the contents of the Internet (in connection with which it is actually not possible).
- The most interesting question is how to restrict access. To do this automatically, filtering information on the fly (determining compliance with the law on formal grounds) and at the same time determining the age of the person receiving the information and the family relationships of those sitting next to him is unrealistic.
The law does not deal with restricting access to sites on the list. Restrictions must be on the type of information. How to determine that this or that information falls under the age limit or complete prohibition is absolutely unclear. In any case, black-and-white lists can not solve the problem. Moreover, it is impossible to determine who receives the information and whether one of the parents is with him. It is clear that pressing the “I am 18+” button is clearly not in line with the spirit of the law, since here the responsibility is shifted to the recipient of information, and the law requires that access be restricted in principle. - Information distributed via the Internet is largely derived from the limitations of the law. It is not marked, so it is impossible to determine its involvement in the forbidden subject.
- Access to information should be limited. But who should do this is not always clear, as service providers are clearly out of touch, and there may be no organization for accessing the Internet.
We will not deal with measures to restrict access to information in paper form (including wall newspapers), information transmitted via radio and television. In the latter two cases, the problem is also unsolvable, but it is impossible to grasp the immense - and in the next article we will talk about the possibility of restricting access to information on the Internet, local networks - including available wireless ones. And also a little about how to repel the attacks of the prosecutor.
And a traditional question for attentive readers:
- Is it possible to use software to fulfill the requirements of the law?
Due to the fact that this article was originally posted on Habrahabr, but then, at the request of the administrators, it was transferred to this resource - a request to those who have previously rated it - for the purity of the experiment, not to repeat it.
Source: https://habr.com/ru/post/356736/
All Articles