The law on VKontakte since the age of 14. New law on social media. "This is contrary to all trends."
At the beginning of 2017, the initiative of the deputies was actively discussed Leningrad region concerning the law banning social networks for children. The project was submitted for consideration in The State Duma On April 5, it was supposed to come into force on January 1, 2018. However, its consideration was not developed and the law on social media for children was rejected.
The law on in social networks from the age of 14, although he did not receive distribution, he raised an important topic for discussion. Many MPs spoke out against the project based on its unfinished state. The initiative itself to limit the access of children and adolescents to the social network received positive reviews.
The survey among the population also showed that two-thirds of parents are in favor of the adoption of this law. Among young people 18-25 years old, the initiative was supported by the same number of respondents. Although there is an opinion that for them the law looks like the protection of social networks from children.
- oblige the owners of social networks to register users through a passport, which can only be obtained at the age of 14;
- do not allow adolescents from 14 to 18 to register in groups where there is information prohibited for minors - the presence of obscene language severely restricts minors' use of social networks;
- it is forbidden, including for adults, to use social networks to organize rallies, processions and other unauthorized manifestations of social activity of the population, as well as to inform about such;
- a ban on creating more than one account, the introduction of only real data is prescribed;
- the prohibition of advertising of an occult-magical nature and smoking mixtures, as well as a ban on the sale of any goods to children through social networks.
The law banning social networks for children also affects the adult population. It was supposed to introduce a ban on the use of social networks in work time employees of civilian civil services of the Russian Federation, as well as employees of budgetary organizations. That is, the project is aimed at limiting the use of social networks not only for children, but also for adults.
Despite the support of the general idea, against the bill the following objections were raised:
- there is no well-developed concept of a social network, as such, according to the project, any site with registration and communication of users is interpreted;
- the law does not affect social networks of foreign origin - there is no point in introducing a ban when a child can switch to another network without restrictions;
- there is no regulation on how citizens of other states will use Russian social networks.
It was suggested that such a ban would not lead to anything, only to discontent and the maintenance of the "shadow" Internet. According to experts, the emphasis should be placed not on the prohibition, but on the dialogue with children and adolescents.
Social network registration requirements
- all users are allowed to have only one page;
- to create it, you need a passport of a citizen of the Russian Federation, which can be obtained from the age of 14;
- all entered data must be reliable, the creation of "fake" pages is not allowed.
The draft law assumed that if adopted before January 1, 2018, all social networks weed out children under 14 years old, and passport data would be collected from other users.
Deviation of the project from consideration does not make the initiative itself irrelevant. Such a law will most likely be adopted in the future, as soon as mechanisms for monitoring the activity of children on the Internet are developed, which in practice are capable of resolving the tasks set. In the meantime, the bill has been recognized as crude and unfinished.
Penalty for violation
- for registering a user under 14 years old, the owner of the social network is fined 100-300 thousand rubles;
- for entering incorrect data when registering or having more than one page, the user is fined 3-5 thousand;
- for registering a minor from 14 to 18 years old in communities prohibited for children, parents are fined 1.5-2 thousand.
The bill provided for administrative liability for violations of the new law. It is possible that certain provisions may in the future entail other forms of recovery, if such a law is adopted.
Experience of foreign countries
Attempts to limit children's access to social networks and the Internet have been made for quite some time. IN USA in 1996, an act was issued on the illegal posting of information of a knowingly offensive nature. The court decided to declare this law unconstitutional.
Two years later, they tried to protect children from harmful information with a new document restricting their access to harmful information. However, due to the lack of a mechanism for determining the age of the user, this law began to infringe on the rights of adults and was also declared unconstitutional.
As a result, the United States has only one law on information protection of minors. It obliges schools and libraries to use special filters to prevent access to harmful content.
In the countries of the European Union there are no laws on social media for children. Any initiatives to impose restrictions are blocked as implying censorship. Responsibility for the content of the content lies entirely with the providers.
The only country with valid laws in this area - Great Britain... In 2013, a filtering system was introduced for providers. When a user contacts, access to certain materials is limited. According to statistics, up to 40% of British families use such filters.
A similar system operates and in Turkey since 2011, but it applies to any information. Also, the Turkish authorities have the right to block data without a court decision.
This practice does not free the child from the influence of social media. He can sit on the phone of a friend or find other sources that do not have a filter. In Russia currently only valid. The provisions of the law do not regulate the use of social networks by children, only place restrictions on the content offered. You can download the text of FZ 436.
Moscow. April 5. site - The proposal of the Legislative Assembly of the Leningrad Region to prohibit the use of social networks for children under 14 restricts the freedoms of citizens and can provoke adolescents to aggressive behavior outside the Internet, said the chairman of the State Duma Committee on Information Policy, information technology and communications Leonid Levin.
"The initiative of the deputies of the Legislative Assembly of the Leningrad Region envisages a ban on what is already prohibited by law - the dissemination of extremist and health-threatening information, etc. In addition, many provisions of the bill run counter to decades of national and international practice. As presented, the bill restricts the freedoms of citizens and if it is implemented, the rules in the Russian segment of the Internet will be stricter than offline, "Levin told reporters on Wednesday.
According to him, special attention should be paid to the restriction according to which only a person over 14 years old can be a user of the social network.
"This, in fact, contradicts all existing trends in technology development, when the Internet is actively" getting younger. "More than 90% of people aged 12-17 log on to the Internet every day," said the head of the committee.
He believes that "depriving a significant part of teenagers of the opportunity to use accounts on social networks will simply cut off their access to the familiar communication tool, which they are used to using not only for entertainment, but also for educational purposes."
"The de facto ban on communication will only provoke adolescents' interest in circumvention or aggressive behavior outside the Internet," Levin added.
As for the mandatory submission of passport data to the administrators of social networks, the chairman of the committee notes, the question arises whether the authors of the bill represent the nature and amount of additional costs that will be necessary to ensure the reliability of storing such colossal amounts of information.
"The current anti-terrorist legislation already contains quite serious requirements of this kind, which seem to a number of companies and experts even excessive," Levin recalled.
In addition, "the numerous fines provided for non-compliance with the rules will contribute to the fact that people simply stop using social networks and start using alternative platforms for communication - messengers, microblogging and other Internet opportunities," the parliamentarian said.
"Speaking of any changes in this area, I would draw the attention of my colleagues to the fourth media forum of the All-Russian Popular Front held in St. Petersburg, which stressed that the existing restrictions on the Internet are sufficient," Levin also said.
Earlier, the Izvestia newspaper stated that the Legislative Assembly of the Leningrad Region had developed a draft law "On the Legal Regulation of Social Networks," according to which passport data will have to be provided at registration, and children under 14 will be banned from social networks altogether.
The Legislative Assembly of the Leningrad Region has developed a draft law "On the legal regulation of the activities of social networks." It assumes a strict procedure for admitting and identifying users who will be obliged to create pages only under their real name.
When registering, you will have to provide passport data. Children under 14 years old will be banned from social networks altogether. Submission of the project to the State Duma is scheduled for April 5.
According to the draft law “On the legal regulation of the activities of social networks and on amendments to certain legislative acts” (its text is at the disposal of Izvestia), only a person who has reached the age of 14 can be a user of a social network. When registering, the owner of the service is obliged to check the passport data of Russian and foreign citizens. For violation of this rule, the legal entity - the owner of the site - faces a fine from 100 thousand to 300 thousand rubles. If the user did not report the change in data or deliberately indicated inaccurate information, he faces a fine from 1 thousand to 3 thousand rubles.
You can create only one page and only under the real name and surname, otherwise a fine will follow: the site owner - up to 300 thousand rubles, the user - up to 5 thousand. Users under 18 years old are prohibited from joining communities where information prohibited for children is posted ... Otherwise, the parents will have to pay a fine of up to 2 thousand rubles. Selling any goods to minors through social networks will also be punishable by law. In addition, the document envisages a ban on advertising "of an occult-magical nature and smoking mixtures."
It is forbidden to inform citizens about unauthorized meetings and rallies, disseminate information about uncoordinated events and publish correspondence with other users without their consent.
You can not disseminate any information (text, photo, video) that promotes national and other intolerance, the use of alcohol and tobacco products, nontraditional sexual relations, etc. - unless the message is accompanied by "explicit condemnation of these materials."
The explanatory note mentions the resonant case of the teacher kindergarten Evgenia Chudnovets. She repost a video of a child being bullied in a children's camp. After that, the perpetrators were punished. But the teacher herself was found guilty of distributing child pornography, although she did the repost to draw attention to the situation and find the criminals. Subsequently, the sentence against her was overturned.
One of the authors of the document, the deputy of the Legislative Assembly of the Leningrad Region, Vladimir Petrov, explained that the law should come into force on January 1, 2018. Social networks will have time to bring user agreements in line with it, remove those who are under 14 years old, and collect passport data from the rest in order to change account names if necessary.
- Now difficult situation: social networks are multi-million dollar virtual societies influencing real life countries. The relevance of the document has been confirmed by recent high-profile events - from unauthorized political speeches to terrorist threats, - Vladimir Petrov explained. - For the sake of public safety, it is necessary to introduce the principle of universal verification of users, this can be done only from the moment a citizen receives a passport - from the age of 14. Nobody is trying to censor or restrict freedom of speech. Verification and strict control over the authenticity of names will only increase the cost of one's own opinion and virtual communication.
Nobody is trying to censor or restrict freedom of speech. Verification and strict control over the authenticity of names will only increase the cost of one's own opinion and virtual communication.
In addition, the deputy suggested, linking an account to a passport will help solve the problem of manipulation. public opinion in the network, will destroy all kinds of "troll communities" and prankers. The explanatory note to the bill says that the publication of photos and videos with the use of alcohol and illegal substances, "in the opinion of a teenager, makes him more authoritative in the eyes of others." The sensational case of Diana Shurygina, who suffered from her drunken peers, shows what consequences this can lead to. - In Western social networks, a similar trend is noticeable - their administrations are interested in protecting users from negative and harmful information. They strive to provide as much personal information as possible. I am sure that many countries will follow this path, - said Vladimir Petrov.
There are also reports of teenagers committing suicide after joining online communities. “Insufficient attention from parents, problems at school, unrequited love, fear of the future - make children immerse themselves in virtual world", - the document says.
“I must admit: the Internet has ceased to be a funny toy, where funny pictures about cats are sent,” State Duma deputy Vitaly Milonov told Izvestia. - This is a virtual reflection of the state. Attackers often use the Internet and social networks for their own purposes - since the soil allows it. The less irresponsible anonymity there is, the better - this area should not be left to the mercy of molesters, terrorists and criminals. If the document is submitted to the State Duma for consideration, then, I think, with a number of amendments and after extensive discussion with the industry, it has high chances for the chamber's approval.
Presidential adviser German Klimenko said that the bill is still "extremely crude".
- I'm not a lawyer, but the definition of a social network looks very vague and all resources with communication between registered visitors fall under it. But what to do with unregistered ones? Registration under your own name without pseudonyms also raises a lot of questions, - commented Herman Klimenko. - It seems to me that it would make sense to discuss the bill with the industry beforehand. There are enough platforms with professional and legal competencies: Institute for Internet Development, Russian Association for Electronic Communications, Regional Public Center for Internet Technologies. Otherwise, we can get the effect of the "Yarovaya package", when an information storm has begun due to inaccurately formulated requirements for the volume of traffic storage.
Representatives of Mail.ru Group (owns social networks VKontakte and Odnoklassniki) are in solidarity with German Klimenko. In their opinion, the initiative "at first glance is not sufficiently developed."
“If the bill is submitted for discussion, we will have the opportunity to familiarize ourselves with it,” the Mail.ru Group press service commented.
Director of External Communications of Rambler & Co (owns the Livejournal blog platform) Matvey Alekseev said that there was no need for such a bill.
- Now everything is perfectly regulated. We have SORM (a system of operational-search measures in telecommunications. - Izvestia), we have the Criminal and Civil Codes, ”recalled Matvey Alekseev. - If the project becomes law, it will be a blow to domestic projects and social networks. At the same time, the document contains no restrictions on the use of foreign social networks and blog platforms.
The adoption of the bill may hit business, Matvey Alekseev said. Many companies use social media to promote products and services.
Another initiative from the bill is a complete ban on the use of social networks during working hours for public sector employees. The explanatory note states that social networks have “enslaved office workers”: the loss of working time is enormous, and employers cannot fight it.
The authors of the bill also propose to prohibit social media users from informing citizens about unauthorized meetings and rallies, disseminating information about unauthorized events and publishing correspondence with other users without their consent. In addition, the bill envisages a ban on the dissemination of any information that promotes national and other intolerance, the use of alcohol and tobacco products, nontraditional sexual relations, and so on, "if the message is not accompanied by an explicit condemnation of these materials," the newspaper said.
Video: RBC
According to one of the authors of the initiative, the deputy of the Legislative Assembly of the Leningrad Region Vladimir Petrov, the law should come into force on January 1, 2018. As noted by Petrov, social networks will have enough time to bring user agreements in line with it, remove those who have not yet turned 14, and collect passport data from the rest.
VKontakte spokesman Yevgeny Krasnikov told RBC that the initiative "looks really unworked." “At the very least, it would be worthwhile to legally oblige users of social networks to pass TRP standards before each login to their account. Only high school students and children of deputies of the Legislative Assembly of the Leningrad Region are exempt from this duty, ”Krasnikov noted.
“Perhaps this bill was being prepared for April 1. Today is the 5th, the news is late, ”said Anastasia Zhbanova, a representative of the Odnoklassniki social network, to RBC.
“Only out of a sense of the deepest respect for the deputies of the Leningrad Region, we leave your request without comment,” the Mail.Ru Group press service replied.
Dmitry Marinichev, Commissioner for the Protection of the Rights of Entrepreneurs on the Internet, called the bill "heresy." “What nonsense! It's time to cancel the passport. And they offer us to drive in passport data. We are moving into a digital era where registration and authorization must go a different way, ”he said.
Commenting on the proposal to ban children under 14 years of age from using social networks, Marinichev said: “This will not work. And this is pointless, because children have a need for socialization. This is not the way to solve the problem. "
“It is possible to adopt such laws, and it will not lead to anything, except for a gap in consciousness between the adequacy of reality and the imposition of regulation, which is not quite natural for people. In fact, this will have an absolutely negative effect on the authorities. Public protests will arise. As a result, the society will understand that such management is not necessary at all and that it is possible to structure and organize in a different way, ”Marinichev emphasized.
How in different countries the world restrict children's access to the Internet
IN USA Attempts to regulate the access of minors to materials on the Internet have been made since the mid-1990s, but this experience has not always been successful. Often, laws on the protection of children on the Internet were accused of censorship, and subsequently, acts already passed by Congress were annulled by a decision of the Constitutional Court.
So, in 1996, the Communications Decency Act was adopted at the federal level, which recognized the illegal posting of "deliberately offensive content" on the Web. As one of the reasons for the adoption of the act, its initiators named the need to restrict children's access to unwanted information. However, in the end, the law was declared unconstitutional.
Two years later, the Child Online Protection Act was passed, according to which the access of minors to any "harmful material" on the global network was limited. The court also ruled the law unconstitutional, noting that it infringes on the rights of adults; the document did not spell out the practice of determining the age of the user.
Currently in the US there is only an obligation for schools and libraries to use special filters to protect children from inappropriate content.
In the countries of the European Union Children's access to information on the Internet is not specifically regulated, and any attempts to regulate it lead to accusations of censorship. In this case, providers are responsible for the security of the content. In January 2013, the European Anti-Corruption Center was opened in The Hague. cybercrime, which carries out, among other things, operations against the distribution of child pornography and the sexual exploitation of children on the Internet.
One of the most advanced systems for protecting children from inappropriate content exists In Great Britain... There, in 2013, a law was passed that introduced a filter system for the provider. At the request of the user, access to materials of various categories may be limited. By early 2014, about 40% of British families with children between the ages of five and 15 had used such filters.
A similar system was launched in 2011 in Turkey- there the user can request from the provider various options for filtering materials. However, these systems include not only content that is dangerous to children, but also various political materials - for example, concerning the activities of the Kurdistan Workers' Party. Despite criticism of this practice, the Turkish authorities also have the right to block resources on the Internet without a court decision.
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