Интернет в системе массовых коммуникаций: правовые аспекты
In this article we investigate the regulation of the Internet and social media for the purposes of political governance by the Russian state. Our main attention will be on the series of regulative actions, which started with the anti-governmental protest wave in Russia in Fall 2011.
This paper examines Russian defamation law and judicial policies to identify the extent to which they have been influenced by international legal standards on media freedom put forward in Europe by the Council of Europe (CoE). The main research method employed in this work is a qualitative comparative analysis of the CoE standards and the Russian national law as well as judicial practice. This paper suggests that the CoE standards have mostly an insufficient influence to the Russian legislation of defamation, and the discrepancy between the Russian and the CoE’s perspectives on defamation has increased during Russia’s membership in the CoE, especially because of the recent amendements on online defamation. The paper also argues that the CoE standards on defamation has had diverse impacts on the Russian judicial practice. The paper suggests that international organisations have the potential to become the main social platforms for resisting “weaponized” defamation but new effective measures should be devised for this.
This chapter compares the Russian national legislation on online freedom of expression with the Council of Europe’s (CoE) legal standards on this issue to investigate the extent to which the Russian legislation has been consistent with the CoE vision. The chapter first examines the CoE perspective, including the European Court of Human Rights case law and non-binding documents of the other main CoE institutions. It then analyses the Russian national legislation and the perspectives of the highest Russian courts. The chapter compares the CoE and Russian legal visions of key principles in the governance of online freedom of expression, the new notion of media, editorial responsibility for users’ comments, the right to anonymity, and the protection of journalists from surveillance. The chapter concludes that the Russian legislation on online freedom of expression needs a considerable revision to comply with the CoE standards and suggests that Internet companies and international organisations should drive this process.
This chapter examines how the concept of free speech has evolved in the Soviet Union and post-Soviet Russia. It also assesses the impact of international standards on the development of Russia’s concept of freedom of speech. Along with the main legal documents, including constitutions and media laws as well as the judicial practice of the highest courts, Marxism-Leninism will be examined to help clarify Russia’s view of free speech. The chapter argues that, in Russia, the change in political regime has encouraged a reconsideration of the concept of freedom of speech by political leaders. It shows the similarities between Lenin’s ideas and the modern Russian concept of free speech. Also indicated is the impact of international standards on free speech as superficial and dependent on political will.
The article presents an analysis of the informational and legal status of a television presenter in the context of the transformation of legal regulation of modern domestic television. The author forms a functional classification of modern television presenters on Russian television and, on its basis, analyzes the statuses of a TV presenter and a journalist for their identity in the understanding of the legislation on mass communications in the Russian Federation.