Recent Trends in the Regulation of the New Media in Russia 

Elena Sherstoboeva – PhD, Associate Professor, Dept. of Media, HSEesherstoboeva@hse.ru

Press Freedom Index, 2015, Reporters Without Boarders

Public Support of Censorship

54% of Russians supports the Internet censorship (Levada, 2014)

The Evolution of the Mass Media Law in Russia

1990-1991 – first mass media laws 1992-1995 – media

institutionalization and deregulation 1996-1999 – information wars, no

developments for the mass media law

Since 2000 – strengthening the state control

since 2011 – the new media regulation, active formation of the mass media law

3 Directions for the Regulation of the New Media

Regulation of the new media as a form

Regulation of online media content

Regulation of access to the media

Regulation of the new media as a form

2011 – “web publications” introduced to the Mass Media Law The only criteria is registration with Roskomnadzor Registration is voluntary (The decree of the Plenum of

the Supreme Court of the Russian Federation, “On the Practice of Application of the Statute of the Russian Federation, On Mass Media, by Courts,” of June 15, 2010)

2014 – “blogger’s” statute Criteria is number of visitors per day (more than 3,000) Must undergo a registration procedure Bloggers have the same duties as journalists but less

rights

Regulation of the content

Anti-extremists & anti-terrorist laws Out of court blocking for calls for extremism and calls for

participation in mass public events unsanctioned by authorities Protection of morals

Web publications must contain age grading Ban on propaganda of untraditional sexual relationship Ban on obscene lexis in the media & blogs

Defamation Recriminalization of libel Deletion of untrue information even though it is not defamatory Ban on religious insult

Privacy Deletion of private information Storage of personal data in Russia The right to be forgotten

Regulation of access

The freedom to access Internet “anyone can access messages and pictures comprising the

content of websites from any place and at any time at one’s own choice if there is an availability of appropriate equipment and possibility for the Internet connection”

(The decree of the Plenum of the Supreme Court of the Russian Federation, “On the Practice of Application of the Statute of the Russian Federation, On Mass Media, by Courts,” of June 15, 2010)

Conclusion

There is no constitutional balance between the protection of media freedom & of other rights or interests

The state tries to establish the same level of control for the new media as established for the traditional media

The development of online media is seen as a threat to the regime

Self-censorship instead of self-regulation Fosters legal nihilism in the industry