extremist organizations. There are incentives for Web sites to register as mass media
outlets, including an official stamp of legitimacy and permission to attend press
conferences, request information from authorities, and be present at sites of emergencies or mass protests. Another push for registration came in 2004 when the head of the
Federal Agency for Print and Mass Communications, Michail Seslavinski, called for
‘‘important’’ Web sites to register as mass media. 54 In 2004, there were 1,296 registered
Web sites, a figure which had increased to nearly 20,000 registered Web sites by
2009. 55
There have been several proposals to introduce ISP liability for content found on
their servers. 56 In March 2008, a new initiative was suggested by the Russian prosecutor general’s office to hold ISPs jointly liable with extremists for extremist content
posted online. 57 However, currently no draft law is known to have been proposed.
The ICT sector does not have an independent regulatory authority. Until 2007, the
regulation of the sector was managed by the Ministry of Communications and Informatization through RosSvyazNadzor (the Federal Service on the Supervision of Communications), which reported directly to it. After the Russian Television and Radio
Broadcasting Network (RTDN) lodged complaints in court against RosSvyazNadzor
that the control it was exercising exceeded the limits provided by law, the agencies
were reorganized. RosSvyazNadzor merged with another regulatory agency, the Federal
Service on the Supervision of the Mass Media and the Protection of Cultural Inheritance. In addition to current responsibilities, the newly formed agency will also be
responsible for protecting personal data and monitoring the processing of such data.
The Federal Law on Communications of 2003 provides a simplified licensing regime
for ISPs. In order to conduct business in Russia, operators need to obtain two licenses:
one for data transfer and another for ‘‘telematic’’ (data transmission and storage) services. In 2005, the Ministry of Communications introduced a licensing regime for
VoIP services. Any VoIP service must be processed through a licensed long-distance
telephone operator.
Libel incurred through the media is a crime regulated by the Criminal Code. It is also
addressed in the Law on Mass Media. Articles 43 through 45 of the law describe the
circumstances for publishing a refutation in libel suits when the information spread
through the mass medium does not correspond to reality and denigrates honor and
dignity. 58 Registered Web sites and producers of online content can be liable for defamation for published information under the Criminal Code and in the Law on Mass
Media. In at least one instance, the court included an online forum in the definition
of mass media, setting a precedent for prosecution under mass media provisions. 59
In December 2007, the Russian Supreme (Arbitrazh) Court upheld the seizure of
media archives. According to the Internet outlet Regnum.ru, the court did not apply
Article 57, which provides a media libel exception for published information. 60 This
precedent establishes that Internet outlets do not receive the protection of the law,
216
Russia
outlets, including an official stamp of legitimacy and permission to attend press
conferences, request information from authorities, and be present at sites of emergencies or mass protests. Another push for registration came in 2004 when the head of the
Federal Agency for Print and Mass Communications, Michail Seslavinski, called for
‘‘important’’ Web sites to register as mass media. 54 In 2004, there were 1,296 registered
Web sites, a figure which had increased to nearly 20,000 registered Web sites by
2009. 55
There have been several proposals to introduce ISP liability for content found on
their servers. 56 In March 2008, a new initiative was suggested by the Russian prosecutor general’s office to hold ISPs jointly liable with extremists for extremist content
posted online. 57 However, currently no draft law is known to have been proposed.
The ICT sector does not have an independent regulatory authority. Until 2007, the
regulation of the sector was managed by the Ministry of Communications and Informatization through RosSvyazNadzor (the Federal Service on the Supervision of Communications), which reported directly to it. After the Russian Television and Radio
Broadcasting Network (RTDN) lodged complaints in court against RosSvyazNadzor
that the control it was exercising exceeded the limits provided by law, the agencies
were reorganized. RosSvyazNadzor merged with another regulatory agency, the Federal
Service on the Supervision of the Mass Media and the Protection of Cultural Inheritance. In addition to current responsibilities, the newly formed agency will also be
responsible for protecting personal data and monitoring the processing of such data.
The Federal Law on Communications of 2003 provides a simplified licensing regime
for ISPs. In order to conduct business in Russia, operators need to obtain two licenses:
one for data transfer and another for ‘‘telematic’’ (data transmission and storage) services. In 2005, the Ministry of Communications introduced a licensing regime for
VoIP services. Any VoIP service must be processed through a licensed long-distance
telephone operator.
Libel incurred through the media is a crime regulated by the Criminal Code. It is also
addressed in the Law on Mass Media. Articles 43 through 45 of the law describe the
circumstances for publishing a refutation in libel suits when the information spread
through the mass medium does not correspond to reality and denigrates honor and
dignity. 58 Registered Web sites and producers of online content can be liable for defamation for published information under the Criminal Code and in the Law on Mass
Media. In at least one instance, the court included an online forum in the definition
of mass media, setting a precedent for prosecution under mass media provisions. 59
In December 2007, the Russian Supreme (Arbitrazh) Court upheld the seizure of
media archives. According to the Internet outlet Regnum.ru, the court did not apply
Article 57, which provides a media libel exception for published information. 60 This
precedent establishes that Internet outlets do not receive the protection of the law,
216
Russia