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June 14, 2013 - Updated on January 20, 2016Setback for freedom of information as Duma passes restrictive new laws
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Reporters Without Borders is deeply concerned at the approval by the lower house of the Russian Parliament, the Duma, two days ago of two acts restricting freedom of information on the pretext of protecting religious feelings and traditional family values.
The press freedom organization calls on the authorities to refrain from enacting the legislation, which imposes penalties for insulting religious feelings, and amendments banning “propaganda of non-traditional sexual relations”.
“The Duma continues to exploit morality and the protection of children as a means of curtailing freedom of information,” Reporters Without Borders said. “Punishing ‘insults to religious feelings’ is both futile and dangerous. The criminal code already provides for the punishment of incitement to hatred and affronts to human dignity on religious grounds, and the severity of the sentences against the members of Pussy Riot shows the courts are not short of repressive tools in this arena.
“The broad and vague nature of the new legislation closes the door to public discussion of religion and sparks fears that blasphemy may in future be punishable by imprisonment in Russia. Such a prospect, which is at odds with Article 14 of the constitution, is unacceptable in a secular state.
“The ban on ‘propaganda of non-traditional sexual relations’ imposes absurd restrictions on the flow of information about public health and sex education. In these circumstances, how will Russia be able to combat AIDS and homophobic prejudice? These backward steps are the cause of even greater concern since they have been taken to an international level, where Moscow, in concert with China and the Organization of the Islamic Conference, is promoting the highly dangerous notion of “traditional values”, in opposition to basic freedoms.”
“Protecting believers and children”
Bill no. 142303-6, designed to crack down on “insults to citizens’ religious beliefs and feelings”, provides for amendments to Article 148 of the criminal code and several articles of the code of administrative offences.
Penalties for “public acts that demonstrate clear disrespect for society and are carried deliberately to insult the religious feelings of believers” range from a fine of 300,000 roubles (more than 7,000 euros) to a year’s imprisonment. Russian human rights organizations point out that the terms “public acts”, “intention to insult” and “religious feelings” can be interpreted in many ways.
Bill no. 44554-6, approved by the Duma at its second reading on the same day, amends the law designed to “protect children from information that is harmful for their health and development”, as well as other legislation. It is specifically aimed at shielding minors from “propaganda that undermines traditional family values”.
Those guilty of “propaganda of non-traditional sexual relations among minors” will be liable to fines of up to 5,000 roubles (about 120 euros) for individuals and a maximum of 1 million roubles (24,000 euros) for organisations. The latter may also have their activities suspended for 90 days. The penalties for individuals may be increased considerably if the offences have been committed via the media or the Internet.
In Russian case law, “non-traditional sexual relations” refers to homosexual relations, which were targeted specifically in previous versions of the legislation. The propaganda in question is defined as “the dissemination of information aimed at creating non-traditional sexual orientation among minors, making such practices attractive, distorting the views of young people by presenting traditional and non-traditional sexual relations as equal in the eyes of society and emphasizing information about non-traditional sexual relations with aim of arousing interest in them.”
Child protection has already been used as a pretext for the creation of a blacklist of blocked websites. As a result of imprecise criteria, the absence of a judicial ruling and weak safeguards, this measure aimed at combating child pornography, extremism, the promotion of suicide and drug abuse has led to a serious risk of overblocking.
According to the Rublacklist project, 3,300 sites had been blocked “by mistake” by January this year because they had the same IP address as others containing so-called harmful content. Since the law came into force, sites such as YouTube, Google and the Russian-language social network Vkontakte have found themselves on the list of blocked sites for several hours, officially for technical reasons. Earlier this month, a service provider was for the first time punished with a fine of 30,000 roubles (more than 700 euros) for failing to block censored websites.
New threats
Reporters Without Borders strongly appeals to members of the Duma to reject amendments to the media law that have been drafted by the ministry of communications and mass media.
The draft, published by the Interfax news agency on 27 May, is designed to prevent anyone convicted of such crimes as participating in mass disorder, hooliganism, incitement to hatred or violation of human dignity, or promoting extremism from creating a media outlet. Such allegations are regularly fabricated against the political opposition and other critical voices.
On the other hand, the organization notes the Duma has rejected amendments to articles 150 to 152 of the civil code, which would ban journalists from publishing information about citizens without their consent, even when such information has nothing to do with their private lives. Members also decided to retain the one-year statute of limitations for allegations of defamation.
Finally, Reporters Without Borders will be looking out for the list of public information that the authorities recently promised to post on the Internet.
Photo: Alexandr Piragis / RIA NOVOSTI
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