What can put a marketer. A brief tour of the law

In Russia, there are a number of laws that restrict freedom of expression. Their violation entails serious consequences: from fines to criminal prosecution. Read this article very carefully if you do not want to have problems with the law.

Why do I need to know all this? I do not break anything

Any information on the Internet is considered a public statement, even if almost no one visits your page. And for the public statement you are responsible. And if you use the Internet, then it is worth knowing which statements are prohibited in Russia.

Forbidden content is not only articles with step-by-step tutorials on seizing state power. Quite often, people are fined and even imprisoned for memes, demotivators, and fotozhaby. Consider that for people on administrative cases the fines are relatively small, but if you write on behalf of the company, the fine can go up to a million rubles.

If the picture is in the list, then its author was fined, and his page was blocked. From the list of extremist materials

Moreover, you do not have to be the author of the content - just press the "repost" button.

Please note that there is such a notion of a “continuing offense” - even if you posted illegal content many years ago, but it is still available, you will be considered an offender.

And deleting content does not always help. If the militiamen managed to visit your page, then they will be guided by the screenshots. For example, as in this case, the quote: "During the inspection with the help of a software tool - Yandex browser from the starting search page of Yandex using a Canon brand laser printer model: LBP 6020, the content of Internet pages located on the above email addresses is printed on 4 pages format "A4" ".

So the only option is to know well what topics are prohibited in Russia and, if possible, not to touch them.

Incitement to hatred and enmity (article 282 of the Criminal Code)

A fine of 300,000 to 500,000 or up to 7 years in prison.

What can not. It is forbidden to humiliate people on the basis of gender, race, nationality, language, origin, attitude to religion or belonging to any social group.

According to this article, in most cases they are tried for statements on the Internet (according to the data of the Sova Analytical Center, in 85% of cases). Especially often there are comments, reposts and pictures on social networks.

For example, in Moscow, an 18-year-old young man laid out materials propagating Nazism on VKontakte. A criminal case was brought against him. And another thing: in the Perm Krai, for xenophobic articles on the Internet, they gave 5.5 years of real life to a local resident. And another thing: a 17-year-old Kirovsk citizen was fined for video recordings in VKontakte, inciting hatred, on the basis of ethnicity.

We have to admit that most banned materials are really disgusting. I hope you did not post anything like this on your page. From the list of extremist materials

Unfortunately, the courts do not report exactly what statements they consider to be criminal. But the content of convicts under this article usually falls into the Federal list of extremist materials. Even with a cursory review, it is clear that it is full of memes and demotivators on the topic of interethnic and interreligious relations. Be careful. Even joking on this topic should not be.

Separate interest deserves the expression "belonging to a social group." What it is, the law does not explain. But by precedent it can be understood that any association that contains more than one person can be attributed to a social group in general. A 19-year-old resident of Saratov was sentenced to compulsory work for inciting hatred towards the social group "quilted jackets." And in Krasnoyarsk, a local activist was accused of inciting hatred towards the social group "nuclear scientists" after his publications on his VKontakte page.

Do not joke about inter-ethnic relations. From the list of extremist materials

What can. If someone annoys or scares you, you can write about it. But use correct expressions and in no case call upon anyone to discriminate, beat, let alone kill. Even as a joke.

Calls for extremism (article 280 of the Criminal Code) and separatism (article 280.1 of the Criminal Code)

Mandatory work or up to 5 years in prison.

What can not. You can not say what is desirable (and even more necessary):

  • make a coup d'état;
  • make a terrorist attack;
  • to infringe upon other people on grounds of gender, race, nationality, attitude to religion and membership of a social group;
  • to make any part of Russia an independent state or to join another country;
  • interfere with the work of state bodies;
  • to finance extremist and terrorist organizations.

These articles overlap with the previous one, but cases on them excite less. Most often we are talking about calls for separatism. Remember that the appeal to reduce the territory of Russia is a criminal offense. It is not only about the Crimea (although in 2015 the court convicted an engineer from Tver for 2 years of real life for the repost of the article titled “Crimea is Ukraine”), but also about the national movements of the Russian regions. For example, in Krasnodar, an activist of the movement for the federalization of Kuban was imprisoned for two years. And in Buryatia, a blogger received a suspended sentence, calling for the unification of the Mongolian peoples.

What can. Refrain from approving statements about extremism and terrorism, and especially not to call others to it. And carefully read and watch what you repost. The author can begin with abstract reasoning, and end with calls for extremism and separatism. And you will be guilty.

Justification of terrorism (article 205.2 of the Criminal Code)

A fine of up to 1,000,000 rubles, or up to 7 years in prison.

What can not. It is forbidden to call for terrorism and publicly justify it. One cannot say that terrorism is right, that it needs support and imitation.

I did not manage to find cases in which I would be tried for a meme or a photojab. Most often, convicts did indeed approve of terrorism or the repository of those who spoke. Do not do this if you do not want to be in their place.

What can. Terrorism cannot be justified as a method, not the terrorists themselves. That is, psychological excuses like "he was just confused and got into a bad company" or "he was young and suggestible" are not considered to be an excuse for terrorism.

Rehabilitation of Nazism (article 354.1 of the Criminal Code)

A fine of up to 300,000 rubles or imprisonment of up to 3 years.

What can not. It is forbidden to deny the Nazi crimes proven by the Nuremberg Tribunal, and to approve them. It is forbidden to justify the main Nazi criminals. It is forbidden to "spread false information about the activities of the USSR during the Second World War". It is forbidden to insult the memorable dates of the Great Patriotic War and desecrate the symbols of military glory.

Speak more carefully in online discussions. From the list of extremist materials

Rehabilitation of Nazism is somehow prohibited in most European countries. But in Russia only two years ago it became a criminal offense. Judged by this article rarely. To date, there has been only one conviction for this article: a man has repost an article justifying the activities of Stepan Bandera. Now the court is considering the case of a political activist from Volgograd, who posted a photojob with the image of the Motherland Monument doused in brilliant green.

What can. The problem is that no one but specialists knows what the Nuremberg Tribunal specifically condemned. Although a short version can be viewed in Wikipedia, but even it is difficult to remember.

Therefore, do not repost articles with an alternative version of the Great Patriotic War. Do not draw memes with the participation of monuments and symbols of the Second World War and do not share them with friends.

Insulting religious feelings of believers (Part 1 of Article 148 of the Criminal Code)

A fine of up to 300,000 rubles or imprisonment of up to 1 year.

What can not. Unfortunately, the law does not explain what the feelings of believers are and what their insult is. It is only said that the action should be public, it should express disrespect for society and the goal should be an insult.

This article is rarely used: for 8 months of 2017, only 4 convictions were passed, so it is difficult to judge what is considered a crime and what is not.

The most famous story is the affair of Ruslan Sokolovsky, who uploaded a video of Pokemon fishing in the temple. He received two and a half years conditionally. Another story is the work of the scribe, reposting caricatures with Christ on the horizontal bar, in the gym and on the dance floor. He was fined 50,000 rubles.

What can. Do not create or repost pictures, memes, gifs and videos where religious symbols and characters are insulted. Do not insult religion yourself and do not repost offensive articles.

At the same time do not confuse warm with soft. Nobody forbids you to be an atheist and criticize religion. You can not only do it in an offensive form.

Dissemination of extremist materials (article 20.29 of the Administrative Code)

Penalty for people - from 1 000 to 3 000 rubles and blocking.

For companies - from 100 000 to 1 000 000 rubles and blocking.

What can not. Find a list of extremist materials here. The problem is that it is very large: as of September 2017, there are more than 4,200 materials in it. Moreover, it includes not only books and articles, but also videos, songs, memes and demotivators. There are among them frankly misanthropic, and there are quite innocent. They can not be placed on your own page and can not repost.

The law does not explain how to understand according to such a description what it is about if the author’s page is blocked. From the list of extremist materials

What can. If any content seems suspicious to you, look for it in the list before publishing. But this method does not provide an absolute guarantee: there are no prohibited files in the text of the list, only their names, addresses and verbal descriptions. As the verbal description to recognize the picture, the legislators do not explain.

In addition to materials that are openly devoted to hatred, pay special attention to religious articles: there are a lot of them on the list and most of the cases under this article are initiated precisely because of religious materials. Moreover, religion does not matter: there are Christian, Muslim, Buddhist and pagan materials in the list.

Demonstration of Nazi symbols and symbols of prohibited organizations (Article 20.3 of the Administrative Code)

Penalty for people - from 1 000 to 2 000 rubles and blocking.

For companies - from 10,000 to 50,000 rubles and blocking.

What can not. The law does not clarify what is specifically considered Nazi symbolism. But most often it includes the swastika and the SS emblem in the form of two zippers.

A separate topic is symbols similar to the Nazi swastika: the Celtic cross, the kolovrat, the left-sided swastika, etc. They are also prohibited, because the law considers them to be confusingly similar to the swastika. Recently in Orenburg, a man was fined for tattooing with a Celtic cross.

With the symbols of banned organizations easier. They are all listed in a separate list (it is not very large) with a description of the symbolism. At the same time, not all their symbols are prohibited, but only those indicated by the organizations in the constituent documents.

What can. Do not publish the swastika even as a joke. Although Roskomnadzor said it did not consider publication a violation without propaganda purposes, in fact it is not always taken into account. For example, a girl from Buryatia was fined for a meme with the symbolism of Grammar-Nazi, where the swastika appears.

Be careful with the Buddhist swastika. Most likely, law enforcement will not have questions if you clearly indicate that it is a question of Buddhism. But the Buddhist swastika is dangerous without explanation: it can not be distinguished from the Nazi. Recently, for example, a photograph of a tattoo with a swastika in Omsk was fined by a local artist, a Buddhist by religion.

Methods for the manufacture of weapons and explosives (Part 5 of Article 13.15 of the Administrative Code)

Penalty for people - from 4,000 to 5,000 rubles and blocking.

For companies - from 800,000 to 1,000,000 rubles and blocking.

What can not. You can not talk about the methods of manufacturing firearms and explosives. Even for peaceful purposes: for example, if you are engaged in chemistry and pyrotechnics. This prohibition is unequivocal and has no interpretation. Just do not post such information.

Drug propaganda (Article 6.13 of the Administrative Code)

Penalty for people - from 4,000 to 5,000 rubles and blocking

For companies - from 800,000 to 1,000,000 rubles and blocking.

What can not. It is forbidden to tell how to develop, produce and use drugs. You can not talk about the cultivation of narcotic plants and the benefits of drugs.

What can. In 2015, it was proposed to introduce not a fine, but criminal penalties for drug propaganda. But the law did not pass the first reading in the Duma. At the same time, it was proposed to prohibit the image of drugs, but the legislators faced technical difficulties: how can one understand from a photo that white powder is a drug, and not powdered sugar? And what is a characteristic plant - hemp, and not, say, pachira water, which has very similar leaves? So images, especially stylized ones, are still allowed. But only if explanatory inscriptions are not attached to them, otherwise it is propaganda.

Promotion of homosexual relations among children (Article 6.21 of the Administrative Code)

Penalty for people - from 50 000 to 100 000 rubles and blocking.

For companies - 1 000 000 rubles and blocking.

What can not. It is forbidden to distribute information "aimed at the formation of non-traditional sexual attitudes among minors". It is impossible to say that homosexual and heterosexual relations are socially equal. You can not impose on children information about homosexuality and arouse their interest in the topic.

What can. The law applies only to children, and therefore it is easy to get around it - just put an 18+ icon in a prominent place on the site, and write about anything on the subject. Lawmakers believe that this is quite enough.

Information about the methods of suicide (Part 1 of Article 13.15 of the Administrative Code)

Penalty for people - from 2 000 to 2 500 rubles and blocking.

For companies - from 40,000 to 50,000 rubles and blocking.

What can not. It is forbidden to tell children in detail about the methods and methods of suicide.

What can. The ban applies only to children. Therefore, it can be circumvented in the same way as the previous one - put the 18+ icon. Although in 2016, Roskomnadzor issued recommendations on cautious coverage of suicides, but so far only the media are concerned. Regular sites can write what they want.

What if this article scared you

I do not have exact statistics, but the absolute majority of cases that I looked at while collecting material for the dress were initiated after posts and comments in VKontakte. And this is not just my opinion.

The Rosbalt publication cites the words of Alexander Verkhovsky, the head of the Sova analytical center: “We are judged mainly for publications on this social network, because the special services, even according to statistics, especially monitor this site. The rest of the social networks have crumbs. Therefore, can be very simple: in order to protect yourself completely, it is better not to use “VKontakte“. "

Artyom Kozlyuk, head of the Roskomsvoboda project, says the same thing about Rosbalt: “E's interest in the social network VKontakte” and not on Facebook, we will explain - this network is the most popular in Russia. which is used to posting any information in the open form. It is these users who are easier to detect by the prosecutor’s office. In addition, the VKontakte administration is easy to meet the authorities. "

I don’t know how much truth there are in the cooperation statements of VKontakte and the investigating authorities. And in general, I believe that the best way to protect yourself is not to speak out on these topics at all, or to do it as correctly as possible. But for insurance, it might be worth thinking about changing the social network.

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