registering all information outlets, including the Internet, as a means to exert control
over the quality and character of media content (e.g., Belarus, Russia, Kazakhstan).
Requiring such registration for Web sites would have a chilling effect on anyone seeking to publish on the Internet. They would become vulnerable to criminal or civil
liability and would be an easy target for government prosecution, especially as the
laws describing ‘‘undesired content’’ weigh in favor of the state. Moreover, failure to
register a Web site creates a valid legal pretext under which such content can be
deemed ‘‘illegal’’ by state authorities, thus providing a legal case for filtering the content or suspending the licenses of the ISPs. Posting ‘‘illegal’’ content also carries the
risk of prosecution for the site owner or the user who posted such material, contributing to a climate of self-censorship, and generally dissuading anyone from posting content on the Internet.
In Uzbekistan, the law on mass media that holds journalists and editors responsible
for the ‘‘veracity’’ of published materials has already brought about self-censorship
among journalists and bloggers. The ‘‘objectivity’’ test is applied also in Belarus, where
independent journalists, editors, and opposition leaders are frequently subject to arbitrary prosecution and arrest. In Russia, online forums have been added to the definition of mass media, setting a precedent for prosecution of social networking sites.
Defamatory Provisions
Defamation laws have been used successfully to prosecute civil and criminal cases
against Web site owners for allegedly hosting ‘‘defamatory’’ content. In Belarus, for example, the definition of defamation and slander laws has been expanded to selectively
prosecute and deter bloggers, opposition leaders, and independent media from posting
material critical of the government or specific government officials. On numerous
occasions, Russian officials have spoken of the need to introduce specific legal measures
that would allow them to prosecute online participants for defamation of members
of the federal or regional state administration. In Russia, Uzbekistan, Kazakhstan, and
Belarus, there are numerous cases of online journalists and bloggers being charged for
defamation and subsequently jailed.
National Security Concerns
The need to develop ICT is a national priority in many CIS countries. Almost all CIS
governments have adopted national ICT strategies that set ambitious targets for the
development of the Internet in government, education, and industry. At the same
time, most countries have also adopted national information security doctrines, which,
on one hand, underline their understanding of the need to encourage development of
the information sphere and, on the other, document their growing security concerns
with regard to the Internet. Russia remains a significant influence in leading these tendencies within the region, and has been increasingly proactive in exporting its exper126
CIS Overview
over the quality and character of media content (e.g., Belarus, Russia, Kazakhstan).
Requiring such registration for Web sites would have a chilling effect on anyone seeking to publish on the Internet. They would become vulnerable to criminal or civil
liability and would be an easy target for government prosecution, especially as the
laws describing ‘‘undesired content’’ weigh in favor of the state. Moreover, failure to
register a Web site creates a valid legal pretext under which such content can be
deemed ‘‘illegal’’ by state authorities, thus providing a legal case for filtering the content or suspending the licenses of the ISPs. Posting ‘‘illegal’’ content also carries the
risk of prosecution for the site owner or the user who posted such material, contributing to a climate of self-censorship, and generally dissuading anyone from posting content on the Internet.
In Uzbekistan, the law on mass media that holds journalists and editors responsible
for the ‘‘veracity’’ of published materials has already brought about self-censorship
among journalists and bloggers. The ‘‘objectivity’’ test is applied also in Belarus, where
independent journalists, editors, and opposition leaders are frequently subject to arbitrary prosecution and arrest. In Russia, online forums have been added to the definition of mass media, setting a precedent for prosecution of social networking sites.
Defamatory Provisions
Defamation laws have been used successfully to prosecute civil and criminal cases
against Web site owners for allegedly hosting ‘‘defamatory’’ content. In Belarus, for example, the definition of defamation and slander laws has been expanded to selectively
prosecute and deter bloggers, opposition leaders, and independent media from posting
material critical of the government or specific government officials. On numerous
occasions, Russian officials have spoken of the need to introduce specific legal measures
that would allow them to prosecute online participants for defamation of members
of the federal or regional state administration. In Russia, Uzbekistan, Kazakhstan, and
Belarus, there are numerous cases of online journalists and bloggers being charged for
defamation and subsequently jailed.
National Security Concerns
The need to develop ICT is a national priority in many CIS countries. Almost all CIS
governments have adopted national ICT strategies that set ambitious targets for the
development of the Internet in government, education, and industry. At the same
time, most countries have also adopted national information security doctrines, which,
on one hand, underline their understanding of the need to encourage development of
the information sphere and, on the other, document their growing security concerns
with regard to the Internet. Russia remains a significant influence in leading these tendencies within the region, and has been increasingly proactive in exporting its exper126
CIS Overview