Русская версия

Moscow Helsinki group prepared a report on the peculiarities of newly-introduced laws and amendments, which limit the freedom of information in the Internet. The report focuses on measures taken by the government and negatively influencing freedom of expression in Russian internet space. In particular, the so-called law “On black lists” – Federal law, which amends FL “On protection of children from information harmful to their health and development”. Practically, it restricts all internet users, including quite full-aged and legally capable, from accessing an indeterminate circle of information. Again, as well in many other new laws, restriction of rights and freedoms is based on maximally vague and indeterminate norm.

The law does not meet the requirements of legal certainty, since it does not allow citizens to foresee in good faith the consequences of their actions. Additionally, the law enforcement mechanism is designed in such way that even conscientious web-site owners, which didn’t receive any claims from the government, can face restrictions of their constitutional right just because they share IP-address with a banned source. Irina Levova, Head of Strategic Developments Department of Russian Association of Electronic Communications, points out that due to the lack of thorough research and ignorance of Internet peculiarities, blocking of prohibited content involves blocking of lawful content as well. In its turn, this contradicts the law “On information” and article 29 of Russian Constitution. According to Levova, “the above mentioned contradiction can be solved in two ways – either by abolition of blocking by IP addresses, or by the revision of constitutional order”.

Furthermore, the procedure of determining whether information is prohibited, methods of evaluation as well as the procedure for the appointment of experts are unknown to public. With lack of such information the owner of banned website is seriously limited in the right for judicial protection of his rights, because he was deprived from information that is very important when preparing the appeal.

The report expresses concern that the list of reasons for the blocking on an out-of-court basis will continue to grow.

MHG will continue to monitor the enforcement of new Russian laws, which violate human rights. Full text of the report can be found on MHG special website, which is dedicated to the monitoring of new Russian laws and their enforcement in the sphere of civil rights http://mhg-monitoring.org.

Prepared as part of the project, for which funds of state support are being used, allocated in a form of grant according to the order of the President of Russian Federation d. May 3, 2012 № 216-rp.