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Monday, April 16, 2018

New rules for the blocking of sites the state Duma in an emergency order

Roskomnadzor during the day will block the spread of the Internet information that the court found discrediting honor, dignity and business reputation of citizens and companies. In the state Duma in an emergency order adopts a bill on this subject. Okhotny Ryad called the initiative “technical”, but there is reason to believe that it is also political.

photo: Dmitry Katerinov

The bill signed by the group of United Russia deputies led by the Chairman of the Duma Committee for security and combating corruption Vasily by Piscarium.

Judging by some signs, before us — a vivid example of a shameful law, actively practiced by the government in recent years: the initiative is born in the bowels of Executive power of the security services or the Kremlin sidelines, but in public, her face becoming members. This method of getting bills in the Duma is often used if it is necessary to solve some question as fast as possible, avoiding unnecessary issues and lengthy approvals.

Made on the morning of April 2 document by poll was immediately approved by the relevant safety Committee and the Council of the Duma included its consideration in the first reading in plenary on 5 April. Apparently, the task is to release the adopted law from the lower house by mid-April.

We are talking about “improving performance” requirements of the courts about removing common online information discrediting the honor, dignity or business reputation of the citizen or business reputation of a legal entity stated in the explanatory Memorandum.

Required “special arrangements” for the execution of court decisions, the authors of the bill, and as such offers good old lock.

Everything will look approximately so: the court in the civil process recognizes some information discrediting the honor and dignity of the person or company in the court decision there is a requirement to remove information from the website, but the court decision is not executed, then the case goes to the court bailiffs, they are first asked to enforce the judgment voluntarily, but if this is not happening — during the day, write the paper in the Roskomnadzor.

In the already extensive list of reasons for blocking the bill proposes to enable the resolution of a bailiff. One of the deputies, familiar with the situation told “MK”: FSSP has long paid attention to the fact that now the defendants in the case of loss of civil cases on protection of honor, dignity or business reputation of just “spit” on it because “the maximum that threatens for refusing to remove defamatory information — administrative penalty”.

To enforce the court decision recognized remove defamatory information from the Internet is very difficult. The code of administrative offences of promises for the breach of requirements bailiff fee of: individual — from 1 thousand to 2,5 thousand rubles, legal entities — from 30 to 50 thousand rubles. If in this case to seek enforcement of the judgment is not obtained, the penalty increases for individuals, a maximum to 2,5 thousand rubles, and for organizations and companies — up to 70 thousand rubles.

The head of the Committee on information policy, information technologies and communications Leonid Levin (“CP”) told reporters that “the initiative is technical in nature and designed to resolve uncertainties in the enforcement of legislation”. But “technical uncertainties” with this kind of speed usually are not eliminated.

A good example of an opening after the entry into force of the law of possibilities — it is “Alisher Usmanov against Alexei Navalny and FBK”. In may 2017, the court recognized some fragments of the movie about the Prime Minister Dmitry Medvedev, “It is not Dimon” discrediting the honor, dignity and business reputation of the plaintiff and demanded their removal from the BCF website. The FCO refused.

“Now the bailiffs periodically check removed or not, and since it is not removed periodically and applied to the FCO fined”, — said the “MK” the lawyer of Fund of struggle against corruption Ivan Zhdanov. “At the same time, the FCO is several enforcement proceedings,” — said Zhdanov.

He believes that in any case the bill “only legalize the current situation, because now in case of unpleasant information, authorities or businessmen began to use a mechanism such as blocking sites in civil proceedings as an interim measure”.

What happens to the movie “He’s not Dimon” after the introduction of innovations into force — not known. One of the deputies of the state Duma told “MK” that hardly the appearance of the bill was to block this content: “the material was already spread so widely that it is not going away, and since the court decision a year has passed”…

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