The court recognized Mail.ru Blogger

    By the decision in the case N 7-7729 / 15 dated 08/08/2015, the Moscow City Court recognized Mail.ru LLC as a blogger and confirmed the lawfulness of the fine.
    Everyone remembers the innovations in the legislation on bloggers, 3000 visitors per day and the obligation to monitor the content posted by users of sites.
    It was a lot of fun, everyone assured each other that the article about bloggers would not work. Meanwhile, bloggers began to be caught and fined.

    I recall in accordance with Art. 10.2 of the Federal Law of July 27, 2006 N 149-ФЗ “On Information, Information Technologies and the Protection of Information”, a blogger is considered to be “the owner of the site and (or) the site’s site on the Internet, which contains publicly available information and access to which the day is more than three thousand users of the Internet. In accordance with this article, a blogger MUST:
    1) to prevent the use of the website or the website’s page on the Internet for the commission of criminal offenses, for the disclosure of information constituting a state or other secret specially protected by law, for the distribution of materials containing public calls for terrorist activities or publicly justifying terrorism, other extremist materials, as well as materials promoting pornography, a cult of violence and cruelty, and materials containing obscene language;
    2) verify the accuracy of the publicly available information prior to its publication and immediately delete the incorrect information posted;
    3) to prevent the dissemination of information about the private life of a citizen in violation of civil law;
    4) comply with the prohibitions and restrictions stipulated by the legislation of the Russian Federation on the referendum and the legislation of the Russian Federation on elections;
    5) comply with the requirements of the legislation of the Russian Federation governing the procedure for the dissemination of mass media;
    6) observe the rights and legitimate interests of citizens and organizations, including the honor, dignity and business reputation of citizens, the business reputation of organizations.

    But back to Mail.ru LLC. In May 2015, the prosecutor of the Northern Administrative District of Moscow filed an administrative violation case under OOO Art.Ru under Art. 20.29 Administrative Code (mass distribution of extremist materials included in the published federal list of extremist materials). In respect of an administrative offense, the Savelovsky District Court of Moscow imposed a fine on OOO Mail.Ru (from 50,000 to 100,000). Mail.ru LLC, disagreeing with the decision of the first instance, appealed against the decision of the Savelovsky District Court of Moscow in the Moscow City Court and, unfortunately, lost the court of second instance.

    As follows from the text of the Moscow City Court’s decision of 08/06/2015, the offense of Mail.ru LLC is that a user posted on the My World website some forbidden videos of an extremist nature. “My World”, of course, is visited by more than 3,000 users a day and public information is posted on it, from which the courts concluded that Mail.ru LLC is a blogger. Further, the logic of the courts was simple - since the blogger is obliged to “not allow ...”, “check ...” and “follow ...”. It doesn’t matter that the video was posted not by Mail.ru LLC, but by a visitor to the site.

    Actually, it is difficult to comment on this self-sufficient news. I advise you to think three times before allowing site visitors to write comments and post anything without moderation ... well, of course, take care of yourself and use the services of lawyers to minimize risks.

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