Good evening, dear parents and teachers!
Today I want to introduce you to Federal Law No. 436 “On the protection of children from information harmful to their health and development,” which came into force on September 1 of this year.
With the current level of development of mass communications and information technology, parents and teachers often do not have the opportunity to protect children from negative and harmful information. Excess of cruelty and violence in public sources mass media can form in children a distorted picture of the world and incorrect, sometimes even dangerous life attitudes.
On December 21, 2010, the State Duma adoptedFederal Law “On the protection of children from information harmful to their health and development” N 436-FZ(approved by the Federation Council on December 24, 2010) and was signed by former President Dmitry Medvedev.
The law prohibits information that causes fear, horror and panic in children, as well as justifying violence and illegal behavior. It is unacceptable to uncontrollably disseminate information that could make children want to use drugs, alcohol, or encourage them to cause harm to their lives and health.
The law introduces uniform standards for the media, books, audiovisual products, computer programs and databases, affecting the Internet and mobile content. According to statistics, it is Russian children who suffer the most from psychological pressure on the Internet. The new classification of information and entertainment products should protect the children's psyche from traumatic experiences.
As psychologists say, having perceived reprehensible information, Small child may be traumatized for life, which can then result in antisocial behavior in adulthood or even the development of a mental disorder. To understand that a particular product is dangerous, so-called information product signs, which are a graphic or text designation of classification, will help.
The law divides minors into age groups: under 6 years old, from 6 to 12 years old, from 12 to 16 years old, and over 16 years old.
The law proposes the use of a sign of information products in the form of numbers in the corner of the frame at the beginning of the broadcast of a television program, as well as each time the broadcast is resumed after breaks.
According to legislators, this will significantly simplify the process for parents to control what their children watch. “For example, seeing the “18+” mark, a parent might ask the child to change the channel.”
The document also prohibits the showing of programs that are dangerous to a child’s psyche from 4 to 23 hours local time. And from September 1, 2012, all Internet cafes and clubs will be required to use software and hardware to block dangerous information. Magazines with “bad pictures” will be sold only in sealed packages.
The law, of course, does not pursue the goals of protecting children from the problems and complexities of modern life and creating the illusion that there is no evil, violence, or death in the world. But it is necessary to convey this kind of information to children when they are able to understand and accept it, and in such a sensitive form appropriate to their age, so that this information does not harm them. mental health. For example, even young children can be told about violence, but at the same time expressing compassion for the victim and on the condition that in the end good will necessarily triumph over evil.
According to the law, experts with higher education will be able to assess whether a particular information product is capable of causing harm to the health and development of children.
professional education and having special knowledge in the field of pedagogy, developmental psychology, age physiology and child psychiatry.
Information obtained as a result of classification of information products is indicated by its manufacturer or distributor in accompanying documents for information products and is the basis for placement on it in compliance with the requirements of the relevant technical regulations mark of information products and for their circulation on the territory of the Russian Federation.
In media such as television, radio and printed materials, the placement of information signs can be controlled.
With information posted on telecommunications networks, the situation is much worse. Mass uncontrolled posting of information on the Internet is impossible to control and assess the possible harm that this information can cause to the health and development of children. Currently, almost anyone can post text, audio or video information on the Internet. Cases of posting online videos taken by schoolchildren on mobile phones or photographs of an openly cruel, cynical and immoral nature have become more frequent.
We, teachers, urge you, parents, to monitor your child’s free time during this difficult time. Of course, don’t bring it to the point of absurdity by putting the child’s life under total control, but try to form a trusting relationship with your child, talk with him more often, in a friendly conversation you can find out any information: who the child is friends with, what he is interested in, what kind of relationship he has with his friends at school , teachers.
There are many programs and filters that can help you control the discovery of unwanted information and set the time you can spend on the Internet. Parental control programs are designed, first of all, to create restrictions for the child; in addition to the functions of limiting the child’s presence at the computer, they are designed to ensure his safety, to protect him from what, perhaps, it is too early for him to know and see. One of the main tasks of the applications is to create a website filter. Everything is very simple: you can go to some pages, but not to others. How is such control carried out? The most common are two types of restrictions:
- Creation of “white” and “black” lists of websites. Blacklists must be regularly updated, otherwise the emergence of new resources will quickly make protection irrelevant. “White” lists are a type of more stringent control - a child can only visit those websites that his parents have allowed him. But there is no need to automatically update the lists; the relevance is practically not lost over time
- filtering sites by their content. You specify a set of keywords, and if anything from their list is found on a web page, it does not open. Parents may have to put aside fear and shame, independently writing in obscenities, vulgarities, and other things prohibited for the child.
Ensuring the safety of a child at the computer is not only about limiting access to websites. There is another, so to speak, risk group - instant messaging programs (icq, skype, etc.). A child is naive and may accidentally tell a stranger your personal information. The attackers are cunning, they pretend to be peers, and casually ask tricky questions. A second danger also arises - the child’s interlocutors can teach him, at best, minor dirty tricks, and it’s better not to even remember examples of serious troubles. Some parental control programs are capable of analyzing information sent from the computer. If there are some keywords, for example, address, school or telephone number, then the sending of the message is blocked.
Everyone decides for themselves what programs to install on their computer. We cannot recommend any program.
However, the fact that the problem of parental controls has long been common is evidenced by the fact that tools for restricting access to applications, games and sites have been included in the Windows operating system.
If you are an experienced user and can independently perform manipulations on the computer, we suggest the following:
- The simplest way to restrict access to certain sites on the Internet isediting the system hosts file
- If your computer is running Windows Vista or Windows 7, you can use the built-in parental controls:
Parental Controls in Windows Vista and Windows 7
At the end of my speech, as a reflection on this problem, I would like to offer you an excerpt from a television program.
Thank you for your attention!
ABOUT THE CHARACTERISTICS OF THE FEDERAL LAW "ON THE PROTECTION OF CHILDREN FROM INFORMATION HARMFUL TO THEIR HEALTH AND DEVELOPMENT"
V.N. SHELMENKOV
All over the world, great importance is attached to protecting young children and adolescents from harmful information in order to ensure their normal physical and psychological development, which can be disrupted or even significantly damaged by inappropriate audiovisual content. In order to provide the necessary protection, parents and those entrusted with the care of children must be able to obtain information about whether information products available to children may be harmful. To achieve this, many countries around the world classify audiovisual content according to various child protection factors. During the classification process, an information product is assigned an age category, which may have figurative form in the form of a symbol, or a digital sign of an age limit, or other classification feature. The age category can be of a different nature and can be used both to prohibit the provision of relevant information products to children before they reach a certain age, and as a recommendation.
In most countries of the world (Great Britain, Germany, France, other EU countries, USA, Australia, Malaysia, South Africa), children have been protected from illegal and harmful information for more than 20 years. Strict rules aimed at ensuring the protection of the morality of the population, including children, have been established in the countries of the Islamic world, as well as in China and Japan. The procedure and methods for ensuring the protection of children from information harmful to their health, spiritual and moral development can be determined as legislative acts, and acts of local governments.
For the reasons stated above, both the state and, first of all, society should be entrusted with the responsibility to build a clear system for preventing children from receiving information that is potentially dangerous to them. The Constitution of Russia establishes the duties of the state to protect children and parents - to take care of children and raise them (Parts 1, 2, Article 38). The Constitution also provides for the possibility of limiting the rights and freedoms of man and citizen by federal law to the extent necessary to protect the morals, rights and freedoms of other persons (Part 3 of Article 55).
At the same time, another component of this problem is the presence of constitutional provisions on the unacceptability of unjustified restrictions on the freedom of creativity, expression and information, as well as on the absolute and unconditional prohibition of censorship in the Russian Federation (Articles 29, 44 of the Constitution of the Russian Federation).
On December 29, 2010, the President of the Russian Federation signed the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development,” which comes into force on September 1, 2012; amendments have been made to other, already in force - “related” - Laws: “On the Mass Media”, “On Basic Guarantees of the Rights of the Child in the Russian Federation”, “On Advertising” and “On Information, Information Technologies and Information Protection”.
The law is aimed at implementing the goals and objectives of state policy in the information sphere, enshrined in the Concept of National Security of the Russian Federation, the Doctrine of Information Security of the Russian Federation, Art. 14 of the Federal Law "On Basic Guarantees of the Rights of the Child in the Russian Federation" and other federal laws. We note that international law allows for restrictions by law on the freedom to receive and disseminate information and ideas if necessary in the interests of national security or public order, in order to prevent crime, to protect health or morals, to protect the reputation or rights of others (International Covenant on Civil and political rights; International Covenant on Economic, Social and Cultural Rights; European Convention for the Protection of Human Rights and Fundamental Freedoms; Universal Declaration of Human Rights, paragraph 2, Article 29; Council of Europe Declaration on the Media and Human Rights (1970 ); CIS Convention on Human Rights and Fundamental Freedoms).
In particular, the European Convention on Transfrontier Television in Art. 7 "Responsibilities of a television broadcaster" provides:
"1. All elements of programmes, their presentation and content must ensure respect for the dignity of the human person and the fundamental rights of others.
In particular, they must not:
a) be obscene and in particular contain pornography;
b) excessively highlight violence or incite racial hatred.
2. All programs that may harm the physical, mental or moral development of children and adolescents should not be broadcast during the period of time when they can watch them."
Russian legislation generally adheres to the same principles. However, the international legal norms mentioned above have not yet been fully incorporated into it.
This gap has been filled to a certain extent by the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development” adopted on December 29, 2010, which establishes rules for the media safety of children when distributing media products, printed and audiovisual products on any types of media, computer programs and databases, as well as information posted in information and telecommunication networks and mobile radiotelephone networks.
It contains a number of innovative norms that provide for the creation of organizational and legal mechanisms to protect children from the dissemination of information harmful to them on the Internet (age classification of information products, their labeling, the use of certified technical and software tools). Requirements are established for the dissemination of information among children, including requirements for the classification of information products, their examination, state supervision and control over compliance with the legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development.
According to the new Law, children’s access to information distributed through information and telecommunication networks can be provided by telecom operators in Internet cafes, educational and other institutions, and in public access points only if they use technical, software and hardware means of protecting children.
In information products for children, including those posted on information and telecommunication networks (including the Internet) and mobile radiotelephone networks, it is not allowed to place advertisements inviting children to participate in the creation of information products that are harmful to their health and (or) development.
The Federal Law “On the Protection of Children from Information Harmful to Their Health and Development” in its own way transformed the ideas known to three departmental acts, none of which have yet been officially published and repealed, here they are:
- Temporary guidelines for the age classification of audiovisual works, approved by the Order State Committee Russian Federation on Cinematography dated October 20, 1999 N 7-1-19/74;
- Guidelines for the age classification of audiovisual works, approved by Order of the Ministry of Culture of the Russian Federation of March 5, 2001 N 192;
- Guidelines for the age classification of audiovisual works, approved by Order of the Federal Agency for Culture and Cinematography of March 15, 2005 N 112.
All three were adopted with reference to the Decree of the Government of the Russian Federation of April 28, 1993 N 396 “On the registration of cinema and video films and the regulation of their public display” and more thoroughly than the Law, they explain to distributors and the viewing audience what pornography is. The definition of pornographic information, formulated in paragraph 8 of Art. 2 of the Law, on the contrary, turned out to be extremely brief and even seemingly quite simple: “information presented in the form of a naturalistic image or description of a person’s genital organs and (or) sexual intercourse or an action of a sexual nature comparable to sexual intercourse, including such an action performed in relation to an animal." The naturalism of an image or description, as explained in paragraph 11 of the same article, lies in fixing attention on details, anatomical details and (or) physiological processes.
The distribution of pornographic information among persons under 18 years of age is prohibited, this was the case before the adoption of the Law, and it will be so after its entry into force. The law generally prohibits the distribution among children of information products containing images or descriptions of sexually explicit actions, which directly follows from paragraph 5 of Art. 10, which classifies information products for persons over 16 years of age. Children in this category are allowed to perceive only such images or descriptions of sexual relations between a man and a woman that do not exploit the interest in sex and are not offensive in nature.
In accordance with the Law “On the Protection of Children from Information Harmful to Their Health and Development,” information harmful to the health and (or) development of children includes information prohibited for distribution among children, as well as information the distribution of which is limited among certain children age categories.
Information prohibited for distribution among children includes information: 1) encouraging children to commit actions that pose a threat to their life and (or) health, including causing harm to their health, suicide; 2) capable of causing in children a desire to use narcotic drugs, psychotropic and (or) intoxicating substances, tobacco products, alcoholic and alcohol-containing products, beer and drinks made on its basis, take part in gambling, engage in prostitution, vagrancy or begging; 3) substantiating or justifying the admissibility of violence and (or) cruelty or encouraging violent actions towards people or animals, except for the cases provided for by this Federal Law; 4) denying family values and creating disrespect for parents and (or) other family members; 5) justifying illegal behavior; 6) containing obscene language; 7) containing information of a pornographic nature.
Information restricted for distribution among children of certain age categories includes information: 1) presented in the form of an image or description of cruelty, physical and (or) mental violence, crime or other antisocial action; 2) causing fear, horror or panic in children, including those presented in the form of an image or description in a degrading form of non-violent death, illness, suicide, accident, accident or catastrophe and (or) their consequences; 3) presented in the form of an image or description of sexual relations between a man and a woman; 4) containing swear words and expressions that are not related to obscene language.
General requirements to the circulation of information products are specified in Art. 11 of the said Law. Requirements for administrative and organizational measures, technical and hardware-software means of protecting children from information harmful to their health and (or) development are established by the federal executive body authorized by the Government of the Russian Federation. Thus, it has been established that the circulation of information products containing information prohibited for distribution among children, according to general rule not allowed. Cases where this is permissible are expressly provided for by the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development.” Thus, the circulation of information products containing information prohibited for distribution among children in places accessible to children is not permitted without the use of administrative and organizational measures, technical and hardware-software means of protecting children from this information.
The circulation of information products containing information prohibited for distribution among children without the information products sign is not permitted, with the exception of:
- textbooks and teaching aids recommended or approved for use in 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 radio broadcasting;
- information products demonstrated through entertainment events;
- periodicals specializing in the dissemination of information of a socio-political or production-practical nature.
Before the start of demonstration of an information product through a spectacular event, it is assigned the information product label. In the case of demonstrating several types of information products for children of different age categories, the specified sign must correspond to information products for children of an older age category. This sign is placed on posters and other announcements about the holding of a spectacular event, as well as on entrance tickets, invitations and other documents granting the right to visit it.
Demonstration through a spectacular event of information products containing information prohibited for distribution among children is preceded immediately before the start of the spectacular event by an audio message about the inadmissibility or restriction of the presence of children of the relevant age categories at such a demonstration. The rental certificate for an audiovisual work, the certificate of registration as a mass media of a television and radio program, or a periodical printed publication for children must contain information about the category of this information product.
According to the current version of Art. 14 of the Federal Law "On Basic Guarantees of the Rights of the Child in the Russian Federation" bodies state power The Russian Federation is taking measures to protect children from information, propaganda and agitation that are harmful to their health, moral and spiritual development, including from national, class, social intolerance, from advertising of alcoholic beverages and tobacco products, from the promotion of social, racial, national and religious inequality, as well as from the distribution of printed materials, audio and video products promoting violence and cruelty, pornography, drug addiction, substance abuse, and antisocial behavior.
In order to protect minors from abuse of their trust and lack of experience, Federal Law No. 38-FZ of March 13, 2006 “On Advertising” established a set of restrictions on the distribution of advertising products.
In advertising (including those distributed in information and telecommunication networks) the following are not allowed (Article 6): 1) discrediting parents and educators, undermining the trust of minors in them; 2) encouraging minors to convince their parents or other persons to purchase the advertised product; 3) creating a distorted idea among minors about the availability of goods for families with any level of income; 4) creating the impression among minors that possession of the advertised product puts them in a preferential position over their peers; 5) the formation of an inferiority complex among minors who do not possess the advertised product; 6) showing minors in dangerous situations; 7) understatement of the level of skills necessary to use the advertised product among minors of the age group for which this product is intended; 8) the formation of an inferiority complex among minors associated with their external unattractiveness.
The law also prohibits the distribution of inappropriate advertising, including: inciting to commit illegal actions (clause 1, part 4, article 5 of the Advertising Law); calling for violence and cruelty (clause 2, part 4, article 5 of the Law on Advertising); containing a demonstration of the processes of smoking and consumption of alcoholic products, as well as beer and drinks made on its basis (Clause 5 of Article 5 of the Law on Advertising); using swear words, obscene and offensive images, comparisons and expressions (Part 6 of Article 5 of the Advertising Law).
There are restrictions on advertising placed in children's and educational television programs, radio programs and broadcasts (Part 7 of Article 14, Part 6 of Article 15 of the Advertising Law). Restrictions have been established for the advertising of certain types of products that pose a danger to the health and development of children: alcoholic beverages (Article 21), beer and drinks made on its basis (Article 22), tobacco, tobacco products and smoking accessories (Article 23) , medicines, medical equipment, medical products and medical services (Article 24), risk-based games, bets (Article 27). Such advertising should not address minors or use their images, and may not be placed in printed publications, audio or video products intended for minors.
Currently, the information safety of children when viewing audiovisual works is also regulated by a set of requirements established by the legislation of the Russian Federation for the content of audiovisual information products intended for distribution among different age groups of minors.
In order to streamline the public display and distribution of audiovisual works on any type of media, to protect children and adolescents from audiovisual products that can harm their health, emotional and intellectual development, an age classification of audiovisual works has been introduced that corresponds to the psycho-age characteristics of perception by the audience: the film is approved for showing in any audience; Children under 12 years of age are allowed to watch the film accompanied by their parents; the film is permitted to be shown to viewers over 14 years of age; the film is permitted to be shown to viewers over 16 years of age; the film is allowed to be shown to viewers over 18 years of age (Order of Roskultura dated March 15, 2005 N 112 (as amended on July 1, 2005) “On approval of the Guidelines for the age classification of audiovisual works, the Regulations and composition of the Expert Council for the age classification of audiovisual works”) .
To exclude access of students of educational institutions to Internet resources containing information incompatible with the objectives of education and upbringing, at the expense of the federal budget in federal state educational institutions, state educational institutions of constituent entities of the Russian Federation and municipal educational institutions implementing general educational programs primary general, basic general and secondary (complete) general education, it is envisaged to introduce and update a system for excluding access to Internet resources that are incompatible with the objectives of education and upbringing of students, and to introduce for these purposes content filtering tools and other hardware, software and technical and technological devices (Orders of the Government of the Russian Federation dated July 19, 2006 N 1032-r and dated October 18, 2007 N 1447-r, letter of the Ministry of Education and Science of the Russian Federation dated November 10, 2006 N AS-1299/03 “On the implementation of content filtering of access educational institutions connected to the Internet within the framework of the priority national project "Education").
The federal law does not aim to protect children from the problems and complexities of modern life and “to create the illusion that there is no evil, violence, or death in the world.” However, it is necessary to convey this kind of information to children when they are able to understand and accept it, and in such a sensitive form appropriate to their age that this information does not harm their mental health. According to the Law, experts with higher professional education and special knowledge in the field of pedagogy, developmental psychology, developmental physiology and child psychiatry will assess whether a particular information product is capable of causing harm to the health and development of children.
Summarizing the above, it should be noted that the value of the Law is that it is now possible to regulate the market and hold accountable manufacturers who are negligent in protecting children from information “that is not appropriate for their age.” Application of the Law in terms of recognizing information products as pornography, or, to be more precise, information of a pornographic nature, in isolation from existing regulatory and methodological developments is unlikely to succeed. It is important that expert opinions on a given subject take precedence over personal opinions, even if the judge himself evaluates the information materials.
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In the Russian Federation, on September 1, 2012, the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development” No. 436 came into force, which was adopted on December 29, 2010. Due to the fact that information is a product of mass consumption, it imposes certain requirements related to both its quality and content. In order to create legal mechanisms to protect and protect children from information that could cause them physical or mental harm, this law was adopted. However, it is worth noting that the state cannot fully limit the information that is conveyed to the child and parents or guardians should play a decisive role here, explaining to the child what is good information and what is not. In this article we will understand what the law on protecting children from harmful information is.
It is worth noting that the bill on protecting children from information was not created on its own; before it, several other Federal laws were adopted that contain prohibitions on promoting the use of certain substances, the distribution or use of which is prohibited or limited in Russia. Also, it is worth noting that before the law on protecting children from harmful information was adopted in Russia, in some regions of the country local laws were adopted that also prohibited the promotion of alcohol, tobacco products, etc. among children.
The Children's Information Protection Act does not provide for any specific liability for its violation. Its violation is established in accordance with the legislation of the Russian Federation and, as a rule, the violator is brought only to administrative responsibility.
The Child Protection Law 2012 for the majority of the population of our country is manifested in informing the age accessibility of this or that type of information. For example, icons appeared on television indicating age restrictions for the program. The law itself specifies almost all means of disseminating information in Russia, such as radio, television, print media and Russian Internet resources.
Information disseminated in our country can be conditionally divided in accordance with the law:
- To information that could harm the health of children or their development. At the same time, in the same paragraph, it is necessary to separately highlight the information that is prohibited for distribution or limited in accordance with age groups;
- For information that is not regulated by the federal law on the protection of children from information No. 436-FZ.
In the Russian Federation, information containing images of violence, elements of cruelty, as well as images of disasters and scenes of a sexual nature is limited. In particular, information can be limited in accordance with the form of its distribution; for example, it can be limited in different ways on television, radio and Internet resources.
The Law on the Protection of Children from Negative Information defines prohibited information, which must include pornographic information, information encouraging the use of alcohol, tobacco and narcotic products, etc.
The fact that information is prohibited for distribution among children does not mean that it cannot be posted in places that are accessible to children. Moreover, its location is determined by organizational and administrative rules that limit, to one degree or another, children’s access to it. For example, we can note the sale of tobacco, when the display of cigarettes on the shelves is prohibited, or magazines of a sexual nature, which are packaged in individual packaging that limits viewing of the products.
The Law on the Protection of Children from Information regulates several categories of information, in accordance with age restrictions for children, they consist of:
- for children under 6 years old;
- for children from 6 years old;
- for children up to 12 years old;
- for children up to 16 years old;
- Inaccessible to children.
The assessment by category is carried out by the information producer himself with the assistance of experts. At the same time, when assessing information materials, attention is paid to such properties as the content of the information, its subject matter, genre and artistic design of the information. Also, the peculiarities of information perception by children of a certain age group are taken into account, eliminating the negative impact on their health and development.
2) information that is provided for in Part 3 of this article, taking into account the provisions of Articles 7 of this Federal Law and the distribution of which among children of certain age categories is limited.
2. Information prohibited for distribution among children includes information:
1) encouraging children to commit actions that pose a threat to their life and (or) health, including causing harm to their health, suicide, or the life and (or) health of other persons, or aimed at inducing or otherwise involving children in committing such actions;
2) capable of causing in children a desire to use narcotic drugs, psychotropic and (or) intoxicating substances, tobacco products, alcoholic and alcohol-containing products, take part in gambling, engage in prostitution, vagrancy or begging;
3) substantiating or justifying the admissibility of violence and (or) cruelty or encouraging violent actions towards people or animals, except for the cases provided for by this Federal Law;
4) denies family values, promotes non-traditional sexual relations and creating disrespect for parents and (or) other family members;
5) justifying illegal behavior;
8) about a minor who has suffered as a result of unlawful actions (inaction), including surnames, first names, patronymics, photos and videos of such a minor, his parents and other legal representatives, the date of birth of such a minor, an audio recording of his voice, his place of residence or place of temporary residence, place of study or work, other information that allows directly or indirectly to identify the identity of such a minor.
3. Information the distribution of which is limited among children of certain age categories includes information:
1) presented in the form of an image or description of cruelty, physical and (or) mental violence (except for sexual violence), crime or other antisocial action;
2) causing fear, horror or panic in children, including those presented in the form of an image or description in a degrading form of non-violent death, illness, suicide, accident, accident or catastrophe and (or) their consequences;
3) presented in the form of an image or description of sexual relations between a man and a woman;
Judicial practice under Article 5 of the Federal Law of December 29, 2010 No. 436-FZ
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Information technologies and information protection”, dissemination of information - actions aimed at obtaining information by an indefinite circle of persons or transmitting information to an indefinite circle of persons. According to paragraphs 3, 5, 6 of Part 2 of Art. 5 of the Federal Law of December 29, 2010 No. 436-FZ “On the protection of children from information harmful to their health and development” to information prohibited...
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Committing an administrative offense under Part 3 of Article 13.21 of the Code of the Russian Federation on Administrative Offences, and subjected to administrative punishment in the form of an administrative fine in the amount of 5,000 rubles. From the protocol on an administrative offense and the resolution in the case of an administrative offense it follows that the online publication "(media registration certificate registration number series...
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In the Russian Federation it is prohibited to limit access to this information as illegal, which meets the requirements of Art. 39 CAS RF. In accordance with Part 1 of Art. 5 of the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection” (hereinafter referred to as the Federal Law of July 27, 2006 No. 149-FZ) information...
Decision No. 2A-5535/2019 2A-5535/2019~M-4001/2019 M-4001/2019 dated July 30, 2019 in case No. 2A-5535/2019
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The right to file an administrative claim in court in defense of the rights, freedoms and legitimate interests of an indefinite number of persons and interests of the Russian Federation. In accordance with Part 5 of Article 15 of the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection” (hereinafter referred to as Federal Law No. 149-FZ), the transfer of information through...
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Federation”, the goals of state policy in the interests of children are to protect children from factors that negatively affect their physical, intellectual, mental, spiritual and moral development. According to Article 5 of the Federal Law of December 29, 2010 No. 436-FZ “On the protection of children from information harmful to their health and development”, information harmful to health and (or) development...
Chapter 1. General provisions
Article 1. Scope of this Federal Law
1. This Federal Law regulates relations related to the protection of children from information harmful to their health and (or) development, including from such information contained in information products.
2. This Federal Law does not apply to relations in the field of:
1) circulation of information products containing scientific, scientific-technical, statistical information;
2) dissemination of information, the inadmissibility of restricting access to which is established by Federal Law of July 27, 2006 N 149-FZ “On Information, Information Technologies and Information Protection” and other federal laws;
3) circulation of information products that have significant historical, artistic or other cultural value for society;
Article 2. Basic concepts used in this Federal Law
This Federal Law uses the following basic concepts:
1) children’s access to information - the ability of children to receive and use freely disseminated information;
2) sign of information products - graphic and (or) text designation of information products in accordance with the classification of information products provided for in Part 3 of Article 6 of this Federal Law;
3) entertainment event - demonstration of information products in a place accessible to children and in a place where a significant number of people who do not belong to the usual family circle are present, including through theatrical and entertainment, cultural and educational and entertainment events;
4) information security of children - a state of protection of children in which there is no risk associated with information causing harm to their health and (or) physical, mental, spiritual, moral development;
5) information products - media products, printed materials, audiovisual products on any type of media, programs for electronic computers (computer programs) and databases intended for circulation on the territory of the Russian Federation, as well as information disseminated through entertainment events, and information posted on information and telecommunication networks (including the Internet) and mobile radiotelephone networks;
6) information products for children - information products that correspond in theme, content and artistic design to the physical, mental, spiritual and moral development of children;
7) information harmful to the health and (or) development of children - information (including information contained in information products for children), the distribution of which among children is prohibited or limited in accordance with this Federal Law;
8) information of a pornographic nature - information presented in the form of a naturalistic image or description of a person’s genital organs and (or) sexual intercourse or an action of a sexual nature comparable to sexual intercourse, including such an action committed in relation to an animal;
9) classification of information products - distribution of information products depending on their topic, genre, content and artistic design by age categories of children in the manner established by this Federal Law;
10) places accessible to children - public places, the child’s access to and (or) the child’s presence in which is not prohibited, including public places in which the child has access to media products and (or) posted in information -telecommunication networks of information products;
11) naturalistic image or description - an image or description in any form and using any means of a person, animal, individual parts of the human and (or) animal body, an action (inaction), an event, a phenomenon, their consequences, with attention to details, anatomical details and (or) physiological processes;
12) turnover of information products - provision and (or) distribution of information products, including its sale (including distribution by subscription), rent, hire, distribution, issuance from the funds of public libraries, public display, public performance (including through broadcast or cable broadcasting, entertainment events), placement in information and telecommunication networks (including the Internet) and mobile radiotelephone networks;
13) expert - a person who meets the requirements of this Federal Law and is involved in conducting an examination of information products and giving an expert opinion or classifying information products and conducting their examination.
Article 3. Legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development
The legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development consists of the Constitution of the Russian Federation, this Federal Law, other federal laws and other normative legal acts adopted in accordance with them.
Article 4. Powers of the federal executive body, state authorities of the constituent entities of the Russian Federation in the field of protecting children from information harmful to their health and (or) development
1. The powers of the federal executive body authorized by the Government of the Russian Federation in the field of protecting children from information harmful to their health and (or) development include:
1) development and implementation of a unified state policy in the field of protecting children from information harmful to their health and (or) development;
2) development and implementation of federal target programs to ensure the information security of children, the production of information products for children and the circulation of information products;
3) establishing the procedure for conducting the examination of information products provided for by this Federal Law;
4) state supervision and control over compliance with the legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development.
2. The powers of state authorities of the constituent entities of the Russian Federation in the field of protecting children from information harmful to their health and (or) development include the development and implementation of regional programs to ensure the information security of children, the production of information products for children and the circulation of information products.
Article 5. Types of information harmful to the health and (or) development of children
1. Information harmful to the health and (or) development of children includes:
1) information provided for in Part 2 of this article and prohibited for distribution among children;
2) information that is provided for in Part 3 of this article, taking into account the provisions of Articles 7 - 10 of this Federal Law and the distribution of which among children of certain age categories is limited.
2. Information prohibited for distribution among children includes information:
1) encouraging children to commit actions that pose a threat to their life and (or) health, including causing harm to their health, suicide;
2) capable of causing in children a desire to use narcotic drugs, psychotropic and (or) intoxicating substances, tobacco products, alcoholic and alcohol-containing products, beer and drinks made on its basis, take part in gambling, engage in prostitution, vagrancy or begging;
3) substantiating or justifying the admissibility of violence and (or) cruelty or encouraging violent actions towards people or animals, except for the cases provided for by this Federal Law;
4) denying family values and creating disrespect for parents and (or) other family members;
5) justifying illegal behavior;
3. Information the distribution of which is limited among children of certain age categories includes information:
1) presented in the form of an image or description of cruelty, physical and (or) mental violence, crime or other antisocial action;
2) causing fear, horror or panic in children, including those presented in the form of an image or description in a degrading form of non-violent death, illness, suicide, accident, accident or catastrophe and (or) their consequences;
3) presented in the form of an image or description of sexual relations between a man and a woman;
Chapter 2. Classification of information products
Article 6. Classification of information products
1. Classification of information products is carried out by its producers and (or) distributors independently (including with the participation of an expert, experts and (or) expert organizations that meet the requirements of parts 4 - 5, 8 of Article 17 of this Federal Law) before the start of its circulation in the territory Russian Federation.
2. When conducting research for the purpose of classifying information products, the following are subject to assessment:
1) its theme, genre, content and artistic design;
2) features of the perception of the information contained in it by children of a certain age category;
3) the likelihood of the information contained therein causing harm to the health and (or) development of children.
3. Classification of information products (with the exception of information products provided for in Part 5 of this article) is carried out in accordance with the requirements of this Federal Law into the following categories of information products:
1) information products for children under six years of age;
2) information products for children over the age of six;
3) information products for children over the age of twelve;
4) information products for children over the age of sixteen;
5) information products prohibited for children (information products containing information provided for in Part 2 of Article 5 of this Federal Law).
4. Classification of information products intended and (or) used for teaching and raising children in educational institutions implementing, respectively, basic general education programs, basic professional educational programs of primary vocational education, secondary vocational education, in educational institutions of additional education for children, is carried out in accordance with this Federal Law and the legislation of the Russian Federation in the field of education.
5. Classification of films is carried out in accordance with the requirements of this Federal Law and taking into account the procedure established by Federal Law of August 22, 1996 N 126-FZ “On State Support of Cinematography of the Russian Federation”.
6. Information obtained as a result of classification of information products is indicated by its manufacturer or distributor in accompanying documents for information products and is the basis for placing on it, in compliance with the requirements of the relevant technical regulations, the sign of information products and for its circulation on the territory of the Russian Federation.
Article 7. Information products for children under six years of age
Information products for children under the age of six may include information products containing information that does not cause harm to the health and (or) development of children (including information products containing episodic non-naturalistic images justified by its genre and (or) plot or a description of physical and (or) mental violence (with the exception of sexual violence), subject to the triumph of good over evil and expression of compassion for the victim of violence and (or) condemnation of violence).
Article 8. Information products for children over the age of six
Information products permitted for circulation for children over the age of six years may include information products provided for in Article 7 of this Federal Law, as well as information products containing justified by its genre and (or) plot:
1) short-term and non-naturalistic images or descriptions of human diseases (except for serious diseases) and (or) their consequences in a form that does not degrade human dignity;
2) non-naturalistic depiction or description of an accident, accident, catastrophe or non-violent death without demonstrating their consequences, which may cause fear, horror or panic in children;
3) episodic depictions or descriptions of these actions and (or) crimes that do not encourage the commission of antisocial actions and (or) crimes, provided that their admissibility is not substantiated or justified and a negative, condemning attitude towards the persons committing them is expressed.
Article 9. Information products for children over the age of twelve
Information products permitted for circulation for children over the age of twelve may include information products provided for in Article 8 of this Federal Law, as well as information products containing justified by its genre and (or) plot:
1) episodic depiction or description of cruelty and (or) violence (except for sexual violence) without a naturalistic demonstration of the process of taking life or causing injury, provided that compassion is expressed for the victim and (or) a negative, condemning attitude towards cruelty, violence (except violence used in cases of protecting the rights of citizens and legally protected interests of society or the state);
2) an image or description that does not encourage the commission of antisocial actions (including the consumption of alcohol and alcohol-containing products, beer and drinks made on its basis, participation in gambling, vagrancy or begging), occasional mention (without demonstration) of drugs drugs, psychotropic and (or) intoxicating substances, tobacco products, provided that the admissibility of antisocial actions is not substantiated or justified, a negative, condemning attitude towards them is expressed and an indication of the danger of consuming these products, drugs, substances, products is contained;
3) episodic non-naturalistic images or descriptions of sexual relations between a man and a woman that do not exploit interest in sex and are not of an exciting or offensive nature, with the exception of images or descriptions of actions of a sexual nature.
Article 10. Information products for children over the age of sixteen
Information products permitted for circulation for children who have reached the age of sixteen may include information products provided for in Article 9 of this Federal Law, as well as information products containing justified by its genre and (or) plot:
1) an image or description of an accident, accident, catastrophe, disease, death without a naturalistic showing of their consequences, which can cause fear, horror or panic in children;
2) depiction or description of cruelty and (or) violence (except for sexual violence) without a naturalistic demonstration of the process of taking life or causing injury, provided that compassion for the victim and (or) a negative, condemning attitude towards cruelty, violence (except for violence) is expressed applied in cases of protection of the rights of citizens and legally protected interests of society or the state);
3) information about narcotic drugs or psychotropic and (or) intoxicating substances (without their demonstration), about the dangerous consequences of their consumption with demonstration of such cases, provided that a negative or condemning attitude towards the consumption of such drugs or substances is expressed and an indication is given the danger of their consumption;
4) individual swear words and (or) expressions that are not related to obscene language;
5) images or descriptions of sexual relations between a man and a woman that do not exploit the interest in sex and are not offensive in nature, with the exception of images or descriptions of actions of a sexual nature.
Chapter 3. Requirements for the circulation of information products
Article 11. General requirements for the circulation of information products
1. The circulation of information products containing information provided for in Part 2 of Article 5 of this Federal Law is not permitted, except in cases provided for by this Federal Law.
2. The circulation of information products containing information prohibited for distribution among children in accordance with Part 2 of Article 5 of this Federal Law in places accessible to children is not permitted without the use of administrative and organizational measures, technical and software-hardware means of protecting children from the specified information.
3. Requirements for administrative and organizational measures, technical and hardware-software means of protecting children from information harmful to their health and (or) development are established by the federal executive body authorized by the Government of the Russian Federation.
4. The circulation of information products containing information provided for in Article 5 of this Federal Law without the information products sign is not allowed, with the exception of:
2) television programs, television programs broadcast on air without prior recording;
3) information products distributed through radio broadcasting;
4) information products demonstrated through entertainment events;
5) periodicals specializing in the dissemination of information of a socio-political or production-practical nature.
5. In the presence of parents or other legal representatives of children who have reached the age of six years, the circulation of information products provided for in Article 9 of this Federal Law is permitted.
6. Before the start of demonstration of an information product through a spectacular event, it is assigned the information product mark. In the case of demonstrating several types of information products for children of different age categories, the specified sign must correspond to information products for children of an older age category. This sign is placed on posters and other announcements about the holding of a spectacular event, as well as on entrance tickets, invitations and other documents granting the right to visit it.
7. Demonstration of information products containing information provided for in Article 5 of this Federal Law through a entertainment event is preceded immediately before the start of the entertainment event by an audio message about the inadmissibility or restriction of the presence of children of the relevant age categories at such a demonstration.
8. The rental certificate for an audiovisual work, the certificate of registration as a mass media of a television and radio program, or a periodical printed publication for children must contain information about the category of this information product.
Article 12. Information product mark
1. The category of information products is determined in accordance with the requirements of Articles 6 - 10 of this Federal Law and is indicated by the sign of information products placed in compliance with the requirements of this article and the requirements of the relevant technical regulations by its manufacturers or distributors.
2. The producer, distributor of information products shall place a sign of information products and (or) a text warning about the restriction of its distribution before the broadcast of a television program, television program, or demonstration of a film during cinema and video services in the manner established by the federal executive body authorized by the Government of the Russian Federation. The sign of information products is shown in the corner of the frame, with the exception of film screenings carried out in the cinema hall. The size of the information product sign must be no less than five percent of the screen area.
3. The size of the sign of information products must be no less than five percent of the area of the poster or other announcement of the relevant entertainment event, announcement of a film or video showing, as well as an entrance ticket, invitation or other document granting the right to attend such an event.
4. The sign of information products is placed in published television and radio programs, lists and catalogs of information products, as well as in such information products posted in information and telecommunication networks.
Article 13. Additional requirements for the dissemination of information products through television and radio broadcasting
1. Information products containing information provided for in paragraphs 1 - 5 of part 2 of Article 5 of this Federal Law are not subject to distribution through television and radio broadcasting from 4 o'clock to 23 o'clock local time, with the exception of television and radio programs, television and radio broadcasts , access to viewing or listening to which is carried out exclusively on a paid basis using decoding technical devices and in compliance with the requirements of parts 3 and 4 of this article.
2. Information products containing information provided for in paragraphs 4 and 5 of Article 10 of this Federal Law are not subject to distribution through television and radio broadcasting from 7 a.m. to 9 p.m. local time, with the exception of television and radio programs, television and radio broadcasts, access for viewing or listening to which is carried out exclusively on a paid basis using decoding technical devices and in compliance with the requirements of parts 3 and 4 of this article.
3. Distribution of information products through television broadcasting is accompanied by a message about the limitation of its distribution at the beginning of the demonstration (including using the “crawling line” method, provided that the volume of the “crawling line” does not exceed five percent of the screen area).
4. Distribution of information products through radio broadcasting is accompanied by a message about the limitation of its distribution at the beginning of the broadcast of information products and after each interruption of the broadcast.
5. When posting messages about the dissemination through television and radio broadcasting of information products prohibited for children, the use of fragments of said information products containing information harmful to the health and (or) development of children is not allowed.
Article 14. Additional requirements for the dissemination of information through information and telecommunication networks
Children's access to information distributed through information and telecommunication networks (including the Internet) is provided by telecommunications operators providing telematic communication services at public access points, subject to the use of technical, software and hardware means by these telecom operators to protect children from information that is harmful. harm to their health and (or) development.
Article 15. Additional requirements for the circulation of certain types of information products for children
1. In information products for children, including information products posted on information and telecommunication networks (including the Internet) and mobile radiotelephone networks, it is not allowed to place advertisements inviting children to participate in the creation of information products that are harmful to their health and/or development.
Article 16. Additional requirements for the circulation of information products prohibited for children
1. The first and last pages of a newspaper, the cover of a copy of printed materials, other printed products prohibited for children, when distributed to an indefinite number of people in places accessible to children, must not contain information harmful to the health and (or) development of children.
2. Information products prohibited for children in the form of printed materials are allowed for distribution in places accessible to children only in sealed packages.
3. Information products prohibited for children are not allowed for distribution in areas intended for children. educational organizations, children's medical, sanatorium-resort, physical culture and sports organizations, cultural organizations, recreation and health organizations for children, or at a distance of less than one hundred meters from the boundaries of the territories of these organizations.
Chapter 4. Expertise of information products
Article 17. General requirements for the examination of information products
1. The examination of information products is 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.
2. Legal entities, individual entrepreneurs, public associations, other non-profit organizations, citizens have the right to apply for an examination of information products to the federal executive body authorized by the Government of the Russian Federation, which, within a period of no more than ten days, makes a decision on sending the specified application to the expert, experts and (or) an expert organization.
3. The examination of information products is carried out by an expert, experts and (or) expert organizations accredited in the prescribed manner by the federal executive body authorized by the Government of the Russian Federation.
4. The expert, experts and (or) expert organizations are determined by the federal executive body authorized by the Government of the Russian Federation, based on the random sampling method, taking into account the type of information products subject to examination.
5. The federal executive body authorized by the Government of the Russian Federation issues accreditation certificates, suspends or terminates the issued accreditation certificates, and maintains a register of accredited experts and expert organizations.
6. The examination of information products can be carried out by two or more experts of the same specialty (commission examination) or different specialties (comprehensive examination).
7. Persons with higher professional education and special knowledge, including in the field of pedagogy, developmental psychology, developmental physiology, child psychiatry, are invited as experts to carry out the examination of information products, with the exception of persons:
1) who have or have had a conviction for committing grave and especially grave crimes against the individual, crimes against sexual integrity and sexual freedom of the individual, against family and minors, intentional crimes against public health and public morality;
2) who are producers, distributors of information products submitted for examination, or their representatives.
8. The period for conducting an examination of information products cannot exceed ninety days from the date of receipt of an application for its conduct.
9. Expenses associated with conducting an examination of information products are reimbursed in the manner established by the federal executive body authorized by the Government of the Russian Federation.
Article 18. Expert opinion
1. Upon completion of the examination of information products, an expert opinion is given.
2. The expert opinion shall indicate:
1) date, time and place of examination of information products;
2) information about the expert organization and the expert (last name, first name, patronymic, education, specialty, work experience in the specialty, availability of an academic degree, academic title, position held, place of work);
3) questions posed to the expert, experts;
4) objects of research and materials presented for the examination of information products;
6) motivated answers to questions posed to the expert, experts;
7) conclusions about the presence or absence of information in information products that is harmful to the health and (or) development of children, about the compliance or non-compliance of information products with a certain category of information products, about the compliance or non-compliance of information products with the mark of information products.
3. The expert opinion of the commission examination is signed by all experts who participated in the said examination if their opinions on the questions raised coincide. In case of disagreement, each expert gives a separate expert opinion on the issues that caused the disagreement. Each expert who participated in the comprehensive examination signs the part of the expert report containing a description of the research he conducted and bears responsibility for it.
4. Within five days after signing the expert opinion, it is sent to the federal executive body authorized by the Government of the Russian Federation.
Article 19. Legal consequences of examination of information products
Within no later than fifteen days from the date of receipt of the expert opinion, the federal executive body authorized by the Government of the Russian Federation makes a decision:
1) about the non-compliance of information products with the requirements of this Federal Law and issuing an order to eliminate the identified violation if the expert opinion contains a conclusion that the information products contain information that is harmful to the health and (or) development of children, or about the non-compliance of the information product’s mark a certain category of information products;
2) on the compliance of information products with the requirements of this Federal Law and on the refusal to issue the order specified in paragraph 1 of this part.
Chapter 5. Supervision and control in the field of protecting children from information harmful to their health and (or) development
Article 20. State supervision and control over compliance with the legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development
1. State supervision and control over compliance with the legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development is carried out by the federal executive body authorized by the Government of the Russian Federation.
2. State supervision and control over compliance with the legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development is carried out taking into account the requirements of the Federal Law of December 26, 2008 N 294-FZ “On the Protection of Rights legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control."
Article 21. Public control in the field of protecting children from information harmful to their health and (or) development
1. Public associations and other non-profit organizations registered in the manner established by federal law in accordance with their charters, as well as citizens, have the right to exercise public control over compliance with the requirements of this Federal Law in accordance with the legislation of the Russian Federation.
2. When exercising public control, public associations and other non-profit organizations, citizens have the right to:
1) monitor the circulation of information products and children’s access to information, including through the creation of “hotlines”;
2) apply to the federal executive body authorized by the Government of the Russian Federation to conduct an examination of information products in accordance with the requirements of this Federal Law.
Chapter 6. Responsibility for offenses in the field of protecting children from information harmful to their health and (or) development
Article 22. Responsibility for offenses in the field of protecting children from information harmful to their health and (or) development
Violation of the legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development entails liability in accordance with the legislation of the Russian Federation.
Chapter 7. Final provisions
Article 23. The procedure for the entry into force of this Federal Law
2. The provisions of Part 1 of Article 12 of this Federal Law do not apply to printed products put into circulation before the date of entry into force of this Federal Law.
President of the Russian Federation D. Medvedev