In the case of the so-called law "of the bloggers" I specifically set itself the taboo on familiarization with the text of the bill until such time as it does not become law. That has not been discussed in several readings, passed by the Parliament and signed by the President. Why throw Bisser and spend wasted emotion. The fact that such a law would be adopted was clear. The last few years there is a steady trend of lawmaking focused on the introduction of essentially censorship on the Internet. Rigid censorship. Internet has always been a territory for free communication and bloggers were essentially mouthpieces of freedom - freedom of speech, thought, opinion. Yes, they are not white and fluffy, but is not rare violations of the laws and norms of morality on the part of bloggers ... there is a lot of "yes", but instead of looking for ways to control opted for the ban.
In February, the Prosecutor General was given the opportunity without a court order to block Internet sites in May, bloggers put a collar and leash.
Adopted as a result of revision of the "law of the bloggers' led me first to shock (because there turned out in the end is not what wrote numerous media), and then into a stupor (because the ambiguity and vagueness of the wording is so great that how to apply this law will in practice it is not clear).
So, more to the point. The Federal Law of 05.05.2014 № 97-FZ "On Amendments to the Federal Law" On Information, Information Technologies and Protection of Information "and some legislative acts of the Russian Federation on streamlining the exchange of information using information and telecommunication networks».
1. The illusion of the media h4> When there was discussion of the bill, the media, the Internet was not a few headlines and discussions under the general meaning of "Bloggers equated to the media." And even after the law was signed by the President of the majority in that spirit headlined their news. A nefiga. Nothing like the Federal Law №97 not. No equating to the media. The law "On mass media" no changes are introduced.
I would like to ask all those who wrote about the "equating" you all have read the bill? I am sure that there is, otherwise you would have seen that number 97-FZ is not a word about those rights, which are at the media.
Article 47 of the Media Law provides journalists with the right:
1) to seek, request, receive and impart information;
2) to visit state bodies and organizations, enterprises and institutions, organs of public associations or their press services;
3) to be received by officials in connection with the request for information;
4) access to documents and materials, with the exception of their fragments containing information comprising a state, commercial or other secret protected by law;
5) copy, publish, disclose or otherwise reproduce documents and materials subject to the requirements of Section 42 of this Act;
6) to make recordings, including with the use of audio and video, film and photography, except as provided by law;
7) to visit specially protected places of natural disasters, accidents and catastrophes, riots and mass gatherings, and also localities where a state of emergency; to attend meetings and demonstrations;
8) verify the accuracy of the information imparted to him;
9) express their personal judgments and assessments in reports and materials intended for distribution to its signature;
10) refuse to prepare under his signature or posts material contrary to his convictions;
11) to withdraw its signature from communication or material, the content of which, in his opinion, was distorted in the process of editorial preparations or to ban or otherwise negotiate the terms and character of using this report or material in accordance with the first paragraph of Article 42 of this Law;
12) prepared to disseminate their messages and materials for his signature, under pseudonym or without signature.
In addition, they have the right to conduct covert recording, have the right to distribute the personal information and details about the private lives of citizens, if it is necessary in the public interest.
The editors have the right to request information about the activities of state bodies, local government bodies, organizations, public associations and their officials. Request information available both orally and in writing. This information shall be submitted by the heads of these bodies, organizations and associations, their deputies, press service workers or other persons authorized within their competence. And all of the above bodies are obliged to respond to the request within 7 days.
Just a lot of media preferences given to the use of objects of copyright.
A blogger has the right to:
1) to seek, receive, transmit and distribute the information in any way in accordance with the legislation of the Russian Federation;
2) to present on their website or web page in the "Internet" personal judgments and estimates with your name or nickname;
3) post or to allow the placing on their website or web page in the "Internet" texts and (or) other materials to other users on the network "Internet", if the placement of text and (or) other materials do not contradict the legislation of the Russian Federation;
4) distribute advertising on a reimbursable basis in accordance with the Civil Code, the Federal Law of March 13, 2006 N 38-FZ "On Advertising" on their site or page of a site in a network "Internet».
And yet! It is called - feel the difference. And it is huge. In fact, bloggers are not endowed with any rights of the media. They do not provide any protection which is at the media.
Frankly, I believe that equate bloggers to the media, which two months were shouting our legislators, will be a boon.
Since Article 57 of the law on media provides journalists with a good enough armor and release from liability for the dissemination of information that is untrue and discrediting the honor and dignity of citizens and organizations, or infringe the rights and legitimate interests of citizens, or harmful to health and (or) development of children or represent an abuse of freedom of mass media and (or) the rights of the journalist:
1) If this information is available in binding reports;
2) if obtained from news agencies;
3) if they are in response to the request for information or materials of the press-services of state bodies, organizations, institutions, enterprises, bodies of public associations;
4) If the literal reproduction of fragments from the speeches of People's Deputies at the congresses and sessions of Soviets of People's Deputies, the delegates of congresses, conferences and plenary meetings of public associations, as well as official statements by government officials, organizations and associations;
5) if they are contained in the author's works that go on air without preliminary recording or in the texts not subject to editing in accordance with this Law;
6) If the literal reproduction of reports and materials or fragments disseminated by another mass media (except for the dissemination of information referred to in the sixth part of Article 4 of this Act), which can be found and held accountable for the violation of the legislation of the Russian Federation on the media. i>
But nothing like that happened. No equating not. I will explain the example of the difference between bloggers and the media. Delivered Pupkin and one MP from the podium said his parliamentary colleague, a thief and a child molester. The media wrote about it, bloggers have written about it. In Doe sued. Respondent media and bloggers. Media according to claim 4 Art. 57 released from liability, there is a blogger.
Another example. One Media (№1) has published the material, and the other media (№2) it reprinted, blogger at posted on the page (the site). A person who believes that in the article about him spread defamatory and false information, apply to the court to the media and blogger №2. Media number 2 comes to court and refers to reproduce the media №1, and exempt from liability claim 6 Art. 57, the blogger is responsible par with the media №1.
2. The illusion of responsibility h4> introduced to the law "On Information, Information Technologies and Protection of Information" item. 10.2 Not only does the concept of what a blogger (illusions about this below), but also sets 1 and 2 a list of duties bloggers: check the accuracy of the reported information, distribute extremism, not slander, not to offend, about privacy do not write , disseminate pornography, obscenities and so do not swear
Citizens, dear, I can someone really surprised ... so it all before bloggers and all the other users on the Internet, do not be. It is forbidden to other regulations, and the difference between bloggers and bloggers did not make the law, just why that was such a wholesale misconception that bloggers can not (difficult) to prosecute. And the requirements of the law "On Advertising" as bloggers spread and now ... Any lawyer who has no idea about the affairs of defamation, libel, slander, extremism, personal data will tell you how to find and punish Internet hacks through the courts. Last example Navalny proof. The Internet has long been no anonymity (almost none). But to avoid this "almost" visible and adopted the "Law on bloggers».
3. Illusion of 3000 h4> Gradually we're getting to the very "tasty". Art. 10.2 "On information, information technologies and information protection" now gives the concept of what a blogger, in terms of the law. The site owner and (or) in the pages of the site "Internet", that host public information and access to which during the day is more than three thousand members "Internet" (hereinafter - the blogger).
Do you understand? I do not. And I think much the same. And the most discussed question - trehtysyachniki, who is this? How to determine trehtysyachnik blogger or not, if today it is read by 100 people, and tomorrow 5000 ... I must say, the answer to this question, we learn that Roskomnadzor develop and adopt the "method of determining the number of users of the site or page site in the" Internet "in the day" . While this technique is not. I assume that would be considered not only for visits, but also for subscribers, friends, etc.
True, there is little idea how our Roskomnadzor can make, for example, foreign Twitter and Facebook to put counters provide data Roskomnadzor user ... Although in fact, they have no choice, because if they refuse to do this, their activity on the territory of the Russian Federation will be suspended. Article 10.1 requires them to provide information on request, and Art. 15.4 provides for a sequence of actions, if such a requirement is not met.
How will it look like in practice. Roskomnadzor sends a request to Twitter, Livejournal, Facebook and required to provide information on such and such a user (nickname), as they have for monitoring is reasonable to assume that the user (nickname) will come under the law of the bloggers ... No response received. This is followed by punishment under Art. 07.19.10. Administrative Code "Failure information or knowingly providing false information in the body carrying out the functions of control and supervision in the field of Communications, Information Technology and Mass Communications", and further suspension of the Russian Federation, the lock via a URL, or (most likely) via the IP address .
When told this scheme friends bloggers, I retorted that type out "Yandex" put the rating of bloggers and everyone else is not difficult to hide their ratings, subscribers and traffic ... Ah, naive as children. In this case, enter the item. 10.1, which introduces a new legal entity - "Organizer of the dissemination of information network" Internet "." This person performing activities on the functioning of information systems and (or) programs for computers, which are designed and (or) used for the reception, transmission, delivery and (or) treatment of users of electronic communications network "Internet". And then I gave them no frail responsibilities. They do not just have to keep information about the facts (ie statistics) receipt, transfer, shipping and (or) voice processing, writing, images, sounds or other electronic messaging users on the network "Internet". But also required to do so within six months, provide this information to public authorities carrying out operational investigative activities and security of the Russian Federation, in the cases established by federal laws. And most, most, most importantly, they are required to keep this information in the Russian Federation. I hope to explain what this means is not necessary? No foreign servers, and if you want it, then duplicate here.
What else is me personally embarrassing blogger is someone who has a page, the site "accessed during the day" ... So. Stop. What does "access"? Access to any page on the Internet site, any user has. That is not any a priori closed liqueurs privacy page, the site - this is a blog, and those who lead it - a blogger? Nonsense. However, hereinafter referred to as the law on "Roskomnadzor" have responsibility to "approve the method of determining the number of users of the site or page site in the" Internet "in the night." But the song words can not erase, the blogger is not determined by the number of users and the number of possible access to the site ...
4. Other adosti h4> Well, then briefly how it will work.
You have your own page on the network, no matter which page. This can be a business card site, channel on youtube.com, account Vkontakte, Odnoklassniki, Twitter, generally any site. The hour x - 01.08.2014 year. What do you do? It's nothing. Even the de facto you have more than 3000 visitors, de jure you the status of the blogger only get after "Roskomnadzor" will bring you to the registry bloggers and send you a notice that you are included in the registry and therefore must publish "their name and initials, e-mail address for sending him messages of legally significant. »
There should probably be some conclusion, the result of all the above ... it will not. Draw your own conclusions. I have an opinion and vision of the "law of the bloggers" outlined, I have it all, "digest", and can later Edit and I will add.
Take care of yourself.
Source: habrahabr.ru/post/222587/
