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Legislation

Federal Law No. 139-FZ. (“Blacklist law”)

On the Protection of Children from Information Harmful to Their Health and Development and Other Legislative Acts of the Russian Federation
(1) Positioned as means for the protection of children from harmful content that contains information about drug usage, advocates suicide or describes suicide methods, or contain child pornography, the law created a unified register of web sites that contain such information. The register is administered by the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications (Roscomnadzor). The law introduced a blocking mechanism of such sites (by adding a new article 15.1 to the Law “On Information, Information Technologies and Protection of Information”): Upon identifying a site with illegal content, Roskomnadzor informs the website's owner and a respective hosting provider; If the content is not removed within three days, the website is then added to the register, which...
Legislation

The Law on Public Information and Media, Official Gazzette No. 83/2014

(1) This law regulates inter alia the freedom to gather, publish and receive information, freedom to form and express ideas and opinions, as well as freedom of sharing information and ideas through the internet and other platforms. (2) Article 29, par. 1 defines media as a means of public information which by words, images or sound transmits edited information, ideas and opinions and other sort of content intended for public distribution and to an unspecified number of users. (3) According to Article 30, par. 2, miscellaneous online platforms - such as internet forums, social networks, and other platforms which enable free exchange of information, ideas and opinions - or any other individual electronic publication - such as blogs, web presentations, and similar electronic presentation - do not qualify as media under...
Proposed Law

Draft Law on Amending and Supplementing the Media Act

(1) The Ministry of Culture released a new Draft Law on Amending and Supplementing the Media Act, which states that in order to regulate hate speech – especially on online media platforms – the "editor-in-chief" should be held liable for user-generated content (comments and other audiovisual material). Furthermore, the "editor-in-chief" must implement and publish rules for the selection and inclusion of comments. All comments that are not in line with such rules must be deleted in the shortest time possible. Failing to meet listed obligations constitutes a misdemeanor for which the "editor-in-chief" could be fined between 500 and 5000 euros. (2) The Information Commissioner has already expressed concerns regarding the purposed amendments by stating that such obligations could seriously impede constitutionally protected...
Proposed Law

Prevention and Combating of Hate Crimes and Hate Speech Bill

Draft bill introduced into Parliament, March 29, 2018. Draft Bill on Prevention and Combating of Hate Crimes and Hate Speech (1) establishing the concept of hate crime in South African criminal law; (2) making other forms of unfair discrimination a crime; and (3) developing measures to combat hate crime, hate speech and unfair discrimination. Accrding to Article 4 (1) of the bill: (a) Any person who intentionally, by means of any communication whatsoever, communicates to one or more persons in a manner that – (i) advocates hatred towards any other person or group of persons; or (ii) is threatening, abusive or insulting towards any other person or group of persons, and which demonstrates a clear intention, having regard to all the circumstances, to – (aa) incite others to harm any person or group of persons, whether or...
Legislation

Act No. 4 /2000 Promotion of Equality and Prevention of Unfair & Discrimination Act

Establishing civil liability for any person found to disseminate, broadcast, publish or display any content that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person (section 12); and civil as well as potentially criminal liability (upon discretion of the Director of Public Prosecution) for any person who is found to “publish, propagate, advocate or communicate words based on one or more of the prohibited grounds (i.e., race, gender, disability), against any person, that could reasonably be construed to demonstrate a clear intention to (a) be hurtful; (b) be harmful or to incite harm; or (c) promote or propagate hatred (section 10).
Legislation

Film and Publications Act

Film and Publications Act, Law n. 65/1996
According to Article 2: The object of this Act shall be to regulate the distribution of certain publications and the exhibition and distribution of certain films, in the main by means of classification, the imposition of age restrictions and the giving of consumer advice, due regard being had to the fundamental rights enshrined in the Constitution of the Republic. According to Article 25: Any person who knowingly- (a) distributes or advertises for distribution a publication classified as XX in terms of a decision of the Board which has been published in the Gazette; (b) distributes a publication classified as X18 in terms of such a decision so published; (c) distributes a publication, classified as R18 or F18 in terms of such a decision so published, in conflict with a condition referred to in section 17(1)(c) or (d)...