since they are not treated as mass media outlets, thus leaving the door open to any
potential defamatory claims.
At present, the Criminal Code includes numerous provisions that may be grounds
for criminal charges in connection with Internet activities. Article 278, for example,
criminalizes ‘‘forced assumption of and retention of authority.’’ The Criminal Code
provides for government officials to prosecute individuals for posting objectionable
content online. The text against terrorist activities in Article 282, in the section
‘‘Crimes against the Government,’’ can be applied to online activities. The text states,
‘‘incitement of national, racial, or religious enmity, abasement of human dignity, and
also propaganda of the exceptionality, superiority, or inferiority of individuals by
reason of their attitude to religion, national, or racial affiliation, if these acts have
been committed in public or with the use of mass media’’ are punishable by fines
equaling up to two years of salary and up to two years imprisonment. This broad language leaves space for open interpretation of the statute, as it can apply to anything
ranging from commentary on the infamous Danish cartoons, 61 to racial slurs and hate
speech. Insulting a government official is an aggravated crime covered in Article 319,
which may bring a fine of up to one month of salary or corrective labor of up to one
year. 62
The government and private individuals can and do attempt to find broad interpretations of the laws in order to silence independent Web sites. For example, the content provider Bankfax was charged under Article 282 with insulting a group of people
by referring to them as ‘‘oligarchs.’’
The government has adopted the Law against Extremist Activities. 63 Under this law,
effectively any Web site hosting a forum section is vulnerable. An individual needs
only to post hate or extremist (or other objectionable) speech in a forum and report it
to the authorities before a moderator notices it to kick off legal prosecution. Violations
are not uniformly prosecuted—most reported content does not lead to penalties,
making the Internet a source of information that is not found in print media. If such
speech is detected, however, owners risk closure of their Web sites or fines. 64
Censorship has not been legally introduced in the country, though informally it has
been applied as a tool for use during a national crisis. Internet censorship has occurred
or been discussed in several other ways—for example, interference with the work of
oppositional and independent Web sites and restrictions imposed by a court.
Russia’s government officials are sensitive to offensive speech posted online. The
Criminal Code and the Law against Extremist Activities establish individual liability
for a broad range of ‘‘illegal’’ content. A special enforcement agency, Department ‘‘K,’’
was established within the Ministry of Internal Affairs to monitor for compliance with
the regulations in cyberspace. Department ‘‘K’’ has branches in various regions and is
mandated to investigate crimes in the sphere of information technologies, including
online hate speech and defamation. Aside from monitoring for possible defamation of
Russia
217
potential defamatory claims.
At present, the Criminal Code includes numerous provisions that may be grounds
for criminal charges in connection with Internet activities. Article 278, for example,
criminalizes ‘‘forced assumption of and retention of authority.’’ The Criminal Code
provides for government officials to prosecute individuals for posting objectionable
content online. The text against terrorist activities in Article 282, in the section
‘‘Crimes against the Government,’’ can be applied to online activities. The text states,
‘‘incitement of national, racial, or religious enmity, abasement of human dignity, and
also propaganda of the exceptionality, superiority, or inferiority of individuals by
reason of their attitude to religion, national, or racial affiliation, if these acts have
been committed in public or with the use of mass media’’ are punishable by fines
equaling up to two years of salary and up to two years imprisonment. This broad language leaves space for open interpretation of the statute, as it can apply to anything
ranging from commentary on the infamous Danish cartoons, 61 to racial slurs and hate
speech. Insulting a government official is an aggravated crime covered in Article 319,
which may bring a fine of up to one month of salary or corrective labor of up to one
year. 62
The government and private individuals can and do attempt to find broad interpretations of the laws in order to silence independent Web sites. For example, the content provider Bankfax was charged under Article 282 with insulting a group of people
by referring to them as ‘‘oligarchs.’’
The government has adopted the Law against Extremist Activities. 63 Under this law,
effectively any Web site hosting a forum section is vulnerable. An individual needs
only to post hate or extremist (or other objectionable) speech in a forum and report it
to the authorities before a moderator notices it to kick off legal prosecution. Violations
are not uniformly prosecuted—most reported content does not lead to penalties,
making the Internet a source of information that is not found in print media. If such
speech is detected, however, owners risk closure of their Web sites or fines. 64
Censorship has not been legally introduced in the country, though informally it has
been applied as a tool for use during a national crisis. Internet censorship has occurred
or been discussed in several other ways—for example, interference with the work of
oppositional and independent Web sites and restrictions imposed by a court.
Russia’s government officials are sensitive to offensive speech posted online. The
Criminal Code and the Law against Extremist Activities establish individual liability
for a broad range of ‘‘illegal’’ content. A special enforcement agency, Department ‘‘K,’’
was established within the Ministry of Internal Affairs to monitor for compliance with
the regulations in cyberspace. Department ‘‘K’’ has branches in various regions and is
mandated to investigate crimes in the sphere of information technologies, including
online hate speech and defamation. Aside from monitoring for possible defamation of
Russia
217