July 9, 2012 at 11:02What will happen after the entry into force of the Law on the Protection of Children from Information?
On September 1, 2012, Federal Law of December 29, 2010 N 436-ФЗ “ On the Protection of Children from Information Harmful to Their Health and Development ” comes into force . This law is aimed at protecting children from information that is harmful to their health and (or) development.
Probably the most important thing is that it extends its power to information products posted on the Internet.
Under information products in accordance with Art. 2 of the Federal Law “On the Protection of Children” means a lot of things (a full list can be found here), as well as information posted on information and telecommunication networks (including the Internet).
The same article established that the circulation of information products is its provision and (or) distribution, including its sale (including distribution by subscription), rental, rental, distribution, distribution from the collections of public libraries, public display, public performance (including including through broadcasting or cable broadcasting, entertainment), placement in information and telecommunication networks (including the Internet) and mobile radio telephone networks.
That is, as can be seen from Art. 2 . Federal Law “On the Protection of Children”, this law applies to almost any use as copyright objects, as well as to any information posted on the Internet.
To begin with, it is worth noting that information products will be classified into categories depending on what age group it is aimed at:
• up to six years old ( Article 7 of the Federal Law "On the Protection of Children");
• from the age of six ( Article 8 of the Federal Law "On the Protection of Children");
• since the age of twelve ( Article 9 of the Federal Law "On the Protection of Children");
• from sixteen years old ( Article 10 of the Federal Law "On the Protection of Children");
And separately:
• information products that are prohibited for children (information products containing information provided for in paragraph 2 of Article 5 of the Federal Law "On the Protection of Children").
Choose the category of information products., to be its producers and (or) distributors independently. If you can’t do it yourself, you can turn to experts who must meet the requirements of parts 4 - 5, 8 of article 17 of the Federal Law "On the Protection of Children"). This must be done before the start of the circulation of information on the territory of the Russian Federation in accordance with the categories indicated above.
Also, during the turnover, the sign of the information product should be indicated in accordance with the classification given above. The sign of information products should be placed by manufacturers or distributors in accordance with the requirements of Art. 12 and technical regulations, which, however, have not yet been adopted.
Article 5The types of information causing harm to the health and / or development of children are highlighted. Its circulation without a sign of information products is not allowed , with the exception of:
• textbooks and teaching aids recommended or allowed for use in the educational process in accordance with the legislation of the Russian Federation in the field of education;
• television programs, television programs broadcast on air without prior recording;
• information products distributed through broadcasting;
• information products displayed through spectacular events;
• periodicals specializing in the dissemination of information of a socio-political or industrial-practical nature.
If you think that information products are incorrectly qualified, then you can contact the authorized body to conduct an examination of information products. The examination may be carried out in order to ensure the information security of children by decision of the federal executive body authorized by the Government of the Russian Federation, an expert, experts and (or) expert organizations.
It is probably worth paying special attention to the classification of information that can be brought to children over sixteen years of age in accordance with Part 4. Art. 10 of the Federal Law "On the Protection of Children", which states that from the age of 16 to a child, you can, among other things , bring:
• "individual swear words and (or) expressions not related to foul language"
Firstly, it is not clear what words should be attributed to the term “swear words and expressions not related to foul language,” what are these words? By whom and how will they be determined?
The word "fool" or "bastard", "canal" are swear words? If so, then children's tales are immediately recalled: “Ivan the Fool”, “The Tale of the Priest and his Worker Balda” Dumas, “The Three Musketeers” and many other works that we and our children learned long before the age of sixteen.
In order to implement the Federal Law “On the Protection of Children”, Federal Law of July 21, 2011 No. 252-ФЗ introduces amendments to the Code of Administrative Offenses of the Russian Federation on September 1, 2012 , which establish the amount of fines for the circulation of information that is harmful to their health and (or) development .
At the time of writing this article and before the entry into force of the Federal Law "On the Protection of Children", about two months remain, however, it seems unlikely that this law will work from the moment it enters into force in full. A federal executive body has not yet been identified in the field of protecting children from information that is harmful to their health and (or) development, whose powers include the development and implementation of a unified state policy in the field of child protection, federal targeted programs to ensure children's information security, and so on.
In this regard, the coming into force liability introduced for violation of the Federal Law “On the Protection of Children” cannot be applicable, because c there is no person who has the right to bring to administrative responsibility for these violations.
At the moment, there are no and it’s not even clear when the relevant technical regulations will be adopted, the link to which is in Art. 6 hours and Art. 12 Federal Law “On the Protection of Children”, in accordance with which a sign should be placed on information products. Moreover, it is worth noting that the placement of the sign of information products in the Federal Law "On the Protection of Children" should be regulated by technical regulations and the federal executive body in the field of protecting children from information that is harmful to their health and (or) development.
Summing up some results, we can conclude that so far, until the determination of the federal executive body authorized by the Government of the Russian Federation, as well as the adoption of the necessary technical regulations and the establishment of the procedure for placing a sign of information products and (or) text warning about restricting the distribution of information products, persons who are manufacturers and distributors cannot be held responsible for violations of the Federal Law “On the Protection of Children” . However, it is preparing to apply the Federal Law “On the Protection of Children” now, having included the relevant conditions on qualification of information products in the contracts, and qualifying independently produced or distributed information products.
What does this law apply to and what can be of interest to the Internet community in it?
Probably the most important thing is that it extends its power to information products posted on the Internet.
Under information products in accordance with Art. 2 of the Federal Law “On the Protection of Children” means a lot of things (a full list can be found here), as well as information posted on information and telecommunication networks (including the Internet).
The same article established that the circulation of information products is its provision and (or) distribution, including its sale (including distribution by subscription), rental, rental, distribution, distribution from the collections of public libraries, public display, public performance (including including through broadcasting or cable broadcasting, entertainment), placement in information and telecommunication networks (including the Internet) and mobile radio telephone networks.
That is, as can be seen from Art. 2 . Federal Law “On the Protection of Children”, this law applies to almost any use as copyright objects, as well as to any information posted on the Internet.
What should one prepare for?
To begin with, it is worth noting that information products will be classified into categories depending on what age group it is aimed at:
• up to six years old ( Article 7 of the Federal Law "On the Protection of Children");
• from the age of six ( Article 8 of the Federal Law "On the Protection of Children");
• since the age of twelve ( Article 9 of the Federal Law "On the Protection of Children");
• from sixteen years old ( Article 10 of the Federal Law "On the Protection of Children");
And separately:
• information products that are prohibited for children (information products containing information provided for in paragraph 2 of Article 5 of the Federal Law "On the Protection of Children").
Choose the category of information products., to be its producers and (or) distributors independently. If you can’t do it yourself, you can turn to experts who must meet the requirements of parts 4 - 5, 8 of article 17 of the Federal Law "On the Protection of Children"). This must be done before the start of the circulation of information on the territory of the Russian Federation in accordance with the categories indicated above.
Also, during the turnover, the sign of the information product should be indicated in accordance with the classification given above. The sign of information products should be placed by manufacturers or distributors in accordance with the requirements of Art. 12 and technical regulations, which, however, have not yet been adopted.
Article 5The types of information causing harm to the health and / or development of children are highlighted. Its circulation without a sign of information products is not allowed , with the exception of:
• textbooks and teaching aids recommended or allowed for use in the educational process in accordance with the legislation of the Russian Federation in the field of education;
• television programs, television programs broadcast on air without prior recording;
• information products distributed through broadcasting;
• information products displayed through spectacular events;
• periodicals specializing in the dissemination of information of a socio-political or industrial-practical nature.
If you think that information products are incorrectly qualified, then you can contact the authorized body to conduct an examination of information products. The examination may be carried out in order to ensure the information security of children by decision of the federal executive body authorized by the Government of the Russian Federation, an expert, experts and (or) expert organizations.
It is probably worth paying special attention to the classification of information that can be brought to children over sixteen years of age in accordance with Part 4. Art. 10 of the Federal Law "On the Protection of Children", which states that from the age of 16 to a child, you can, among other things , bring:
• "individual swear words and (or) expressions not related to foul language"
Firstly, it is not clear what words should be attributed to the term “swear words and expressions not related to foul language,” what are these words? By whom and how will they be determined?
The word "fool" or "bastard", "canal" are swear words? If so, then children's tales are immediately recalled: “Ivan the Fool”, “The Tale of the Priest and his Worker Balda” Dumas, “The Three Musketeers” and many other works that we and our children learned long before the age of sixteen.
In order to implement the Federal Law “On the Protection of Children”, Federal Law of July 21, 2011 No. 252-ФЗ introduces amendments to the Code of Administrative Offenses of the Russian Federation on September 1, 2012 , which establish the amount of fines for the circulation of information that is harmful to their health and (or) development .
At the time of writing this article and before the entry into force of the Federal Law "On the Protection of Children", about two months remain, however, it seems unlikely that this law will work from the moment it enters into force in full. A federal executive body has not yet been identified in the field of protecting children from information that is harmful to their health and (or) development, whose powers include the development and implementation of a unified state policy in the field of child protection, federal targeted programs to ensure children's information security, and so on.
In this regard, the coming into force liability introduced for violation of the Federal Law “On the Protection of Children” cannot be applicable, because c there is no person who has the right to bring to administrative responsibility for these violations.
At the moment, there are no and it’s not even clear when the relevant technical regulations will be adopted, the link to which is in Art. 6 hours and Art. 12 Federal Law “On the Protection of Children”, in accordance with which a sign should be placed on information products. Moreover, it is worth noting that the placement of the sign of information products in the Federal Law "On the Protection of Children" should be regulated by technical regulations and the federal executive body in the field of protecting children from information that is harmful to their health and (or) development.
Summing up some results, we can conclude that so far, until the determination of the federal executive body authorized by the Government of the Russian Federation, as well as the adoption of the necessary technical regulations and the establishment of the procedure for placing a sign of information products and (or) text warning about restricting the distribution of information products, persons who are manufacturers and distributors cannot be held responsible for violations of the Federal Law “On the Protection of Children” . However, it is preparing to apply the Federal Law “On the Protection of Children” now, having included the relevant conditions on qualification of information products in the contracts, and qualifying independently produced or distributed information products.