Rules for the work of the media in Russia

Quoting material from other media

According to the law, the use of copyright objects in commercial activities is possible only on the basis of a paid agreement concluded with their author or other copyright holder.

In relation to texts, there is one exception: without the consent of the author (copyright holder) and without payment of remuneration, it is permissible to cite previously published texts for informational purposes (to the extent justified by the purpose of citation; in practice, this is no more than 20-30%). A prerequisite is the verbatim of the quote + the indication of the source and author (if the name of the author was indicated in the quoted material). A complete reprint is not a citation.

In citation, a reference to a citation source or a data source must directly accompany the citation or data, i.e., indicated in a sentence or paragraph containing the citation. Reference to the source of table data, graphs, etc., shall be placed directly after or before the corresponding schedule, table.

Possible liability for violation of the exclusive right to the results of intellectual activity:

• recovery of damages or compensation for violation of an exclusive right in the amount of from 10,000 to 5,000,000 rubles for each case of misuse of works (i.e. for each photograph, illustration, article (note, text));
• publication of the court decision on the committed violation with the indication of the valid copyright holder;
• liquidation of the legal entity at the request of the prosecutor in case of repeated or gross violation of the exclusive right.

For law enforcement practice in Russia, see: Copyright on the Internet

When you can publish the full name of criminals

For February 2025, if the data are published by the court or official sources, then under Art. 4 of the Federal Law No. 2124-1 "On the media" they become publicly available and can be freely published. Also, if public safety is affected, then under Art. 29 of the Constitution of the Russian Federation (freedom of the media) can also be published.

1. Violation of the law on personal data According to Art. 3 of the Federal Law No. 152-FZ, personal data (PD) is any information related to a directly or indirectly certain person. The data indicated in the article (full name, participation in a criminal case, sentence) are indeed PD. However, their publication may be valid if they:

• Publicly available (Clause 10 of Part 1 of Article 6 of Federal Law No. 152-FZ);
• Processed in order to inform the company (Clause 7 of Part 1 of Article 6 of Federal Law No. 152-FZ);
• They are based on official court documents (Article 15 of the Federal Law "On Ensuring Access to Information on the Activities of Courts").

If the data is published by the court (for example, within the framework of openness of justice) or the press service of the court, the media has the right to distribute them without the consent of the subject of the PD.

2. Constitutional aspects Art. 23 and 24 of the Constitution of the Russian Federation protect the right to privacy. However, court decisions (other than cases involving minors or state secrets) are public information. Participation in the criminal process and the sentence are of public interest, especially in cases of serious crimes (for example, theft of large sums by an organized group). The European Court of Human Rights (ECHR) has repeatedly indicated that society has the right to know about crimes and penalties.

3. Validity of publication Source of information: If the data is taken from the official press release of the court, their publication is legal. According to Art. 4 of the Federal Law No. 2124-1 "On Mass Media," journalists have the right to disseminate information from official sources.

Public interest: For example, the case concerns cybercrime on an especially large scale, which affects public safety. Information about such crimes complies with Art. 29 of the Constitution of the Russian Federation (freedom of the media).

4. Possible violations A claim may only be substantiated if:

• The court did not publish the full name of the convicts, and the newspaper received information in a different way (for example, from investigative materials);
• The article discloses additional information not specified in the court decision (for example, address, marital status, etc.).

5. Revision Recommendations:

• Check the source of information (official press release of the court or otherwise).
• If the data are publicly available (published by the court), refuse to delete, referring to paragraph 10 of part 1 of Art. 6 of the Federal Law No. 152-FZ and Art. 15 of the Federal Law "On the Judicial System."

When you can post a person's photo

According to the legislation for May 2020, the publication and further use of the image of a citizen (including his photographs) is allowed only with his consent. At the same time, there are cases when such consent is not required:

• the image is obtained in places open for free visit;
• image obtained at public events;
• other cases referred to in Article 152.1 of the Civil Code of the Russian Federation.

How to publish photos from the Internet is legal

Get permission from the author. Often it is enough to ask permission to use photos on the site. Usually, authors require their name and link to the source: blog, social network account, site. Keep your correspondence to prove your case. Posting photos without the owner's consent is fraught with violation of the law.

Use photos without copyright. As a rule, copyright is valid for a limited time. In Russia, it ends 70 years after the death of the author. Therefore, photographs, paintings, engravings of masters who lived until the beginning of the 20th century are already predominantly free from copyright and belong to the public domain - like any photographs or scans of such works. If the photographer shot the painting "Ninth Shaft," he has no rights to this photo.

Act within the framework of free citation. The law specifies a free citation rule that allows the use of other people's works without the consent of the author. However, three requirements must be met simultaneously:

1. Use the image for non-commercial purposes: scientific, educational, information, cultural, critical.

2. Identify the author and link to the source.

3. Quote in a justified amount.

There are nuances here. For example, you can not insert personnel from the film into the review, in the advertising brochure. Photographs can be used to illustrate text or as examples, but not to enhance "artistic impact on the reader." Even in the legislation for photographs, the exact permissible volume of citation is not indicated, so it is not clear whether all photos can be used without the consent of a person from the collection or only selectively.

Take photos with the right licenses. There are two main types of license: with All Rights Reserved, you need to get permission, and for Creative Commons you do not need it. Photos under a Creative Commons (CC) license are usually used on sites. It has several varieties:

• Public Domain Dedication (CC0) - the picture belongs to the public domain. You can do whatever you want;
• CC Attribution (CC-BY) - allowed to use for any purpose and change the image. The author and source must be specified;
• CC Attribution - Noncommercial (CC-BY-NC) - you can use and change images only for non-commercial purposes and when specifying the author and source;
• CC Attribution No Derivatives (CC-BY-ND) - you can only use the picture unchanged, indicating the author and source;
• CC Attribution Non-Commercial No Derivatives (CC-BY-NC-ND) - can be used if three conditions are met: unchanged, for non-commercial purposes and with the author and source indicated.

It is also important that the law prohibits recycling other people's photos without the consent of the author, removing their watermarks from the photo or taking a piece of someone else's picture.

In general, it is better to use your own photos. The image taken of another person can be used if their written consent is obtained. And for commercial purposes, photos of another person can be used only if the remuneration is paid, unless otherwise provided by the agreement.

If the photographer is not on staff, then you need to conclude a copyright agreement with him with the alienation of exclusive rights in your favor and sign acts of work performed. It is advisable that he give you RAW snapshots and work files. This will further confirm that you are the copyright holder. If you do not want the photographer to use the pictures for your needs, write it down in the contract.

If an employment contract is concluded between you and the employee, and his official duties include photography, then the rights to the photographs created by him automatically pass to you.

How to work with journalists

Threats to journalists are a criminal offense

On December 7, 2011 Russia Dmitry Medvedev , the President signed a law aimed at further liberalization of the Criminal Code of the Russian Federation. The law, in particular, provides for the introduction of criminal liability for threats to journalists.

In particular, the law introduces criminal punishment for obstructing the work of journalists, connected with violence against them or their loved ones or with damage or destruction of their property, as well as with the threat of such violence.

According to the document, the crime will be punished with forced labor for up to 5 years or imprisonment for up to 6 years with the possible deprivation of the right to hold certain positions or engage in certain activities for up to 3 years^[1].

Rules for Disclosure of Information Sources

According to the law "On Mass Media" (Article 41):

"The editors are not entitled to disclose in the distributed messages and materials the information provided by the citizen with the condition of keeping them secret."

"The editorial board is obliged to keep the source of information secret and does not have the right to name the person who provided the information with the condition of non-disclosure of his name, except for the case when the relevant request was received from the court in connection with the case in its proceedings."

If the publication is not registered as media

Publication of personal data

Roskomnadzor has the right to restrict access to a site that illegally discloses personal data. The agency requires the removal of information not contained in open sources (for example, the Unified State Register of Legal Entities) and threatens to apply two articles of the Code of Administrative Offenses of the Russian Federation (19.4 part 1 and 19.7).

Chapter 19 (Administrative Offences against Governance) for February 2016:

"Article 19.4. Disobedience to the legal order of the official of the body exercising state supervision (control), municipal control (as amended by Federal Law of 05.05.2014 N 125-FZ) "

Disobedience to the legal order or request of an official of the body exercising state supervision (control), state financial control, municipal control, municipal financial control, - (as amended by Federal Laws of 05.05.2014 N 125-FZ, of 27.10.2015 N 291-FZ)

entails the warning or imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from two thousand to four thousand rubles. (as amended by Federal Laws of 22.06.2007 N 116-FZ, of 27.07.2010 N 239-FZ)

Article 19.7. Failure to provide information (information)

Failure to submit or late submission to a state body (official), body (to an official) exercising (exercising) state control (supervision), state financial control, municipal control, municipal financial control, information (information), the presentation of which is provided for by law and is necessary for the implementation by this body (official) of his legal activities, or submission to a state body (official), a body (official) exercising (exercising) state control (supervision), state financial control, municipal control, municipal financial control, such information (information) incomplete or distorted, except as provided for in Article 6.16, parts 1, 2 and 4 of Article 8.28.1, part 2 of Article 6.31, part 4 of Article 14.28, Articles 19.7.1, 19.7.2, 19.7.2-1, 19.7.3, 19.7.5, 19.7.5-1, 19.7.5-2, 19.7.7, 19.7.8, 19.7.9, 19.7.12, 19.8, 19.8.3 of this Code, - (in an edition. Federal laws of 28.12.2013 N 415-FZ, of 05.05.2014 N 119-FZ, of 05.05.2014 N 125-FZ, of 04.06.2014 N 142-FZ, of 24.11.2014 N 373-FZ, of 27.10.2015 N 291-FZ, of 28.11.2015 N 344-FZ)

entails the warning or imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles; for legal entities - from three thousand to five thousand rubles. (as amended by Federal Laws of 22.06.2007 N 116-FZ, of 27.07.2010 N 239-FZ)

What can not be advertised on the Internet

Main article: What can not be advertised on the Internet

Blocking media sites

Main article: Blocking sites and applications in Russia

Founder of the media and editorial board

Founder rights and change of founder

As of April 2019, the founder of the media has the right to independently dispose of its rights in relation to the media (establish the media, co-founder an already registered media, decide to terminate the release of the media, withdraw from the founders, etc.). At the same time, the Media Act provides for restrictions on the rights of the founder by order of his constituent rights in relation to the media.

In accordance with Part 4 of Art. 18, the founder may transfer his rights and obligations to a third party only with the consent of the editorial board and co-founders. Another co-founder, editorial board or other person who meets the requirements of Art. 7 of the Law on Mass Media.

In accordance with Art. 11 of the Law on Media, a change in the founder or a change in the composition of the founders of the media is allowed only if it is re-registered. In this case, the corresponding changes should be made to the charter of the editorial board and to the contract between the founder and the editorial board (editor-in-chief).

The new founder, to whom the rights and obligations of the previous founder are transferred, enjoys the rights of the founder of the media in full and fulfills all the obligations of the previous founder in relation to the editorial board of the media. Taking into account the consent to the transfer of rights and obligations to the new founder, the editorial board is obliged to accept from him the fulfillment of old obligations.

Founder's responsibility and separation of founder's and editorial rights in different companies

Sometimes, under an agreement, the rights of the Editors, Publisher and Distributor of the media are transferred to the second legal entity, and the founding company remains only the founder in relation to the media.

As for the responsibility of the Founder, the law (Article 56 of the Law on Media) tells us that the Founder is also responsible for violation of media legislation. In fact, this is expressed in the following.

Penalty for delay in submitting a copy of the charter to the ILV

1. Due to the fact that the founder makes a decision on the registration of the media, he is charged with administrative duties to provide a copy of the Charter of the editorial board to the registering body, to carry out the procedure for amending the registration record, to notify the registering body when changing the location of the editorial board, the frequency of issue and the maximum volume of the media (Article 11 of the Law on Mass Media).

Responsibility for untimely submission of a copy of the Charter to the ILV.

In accordance with Art. 20 of the Law "On Mass Media," a copy of the charter of the editorial board or its replacement contract is sent to the registration body no later than 3 months from the date of the first publication (broadcast) of this mass media. If a violation of the ILV is detected, the protocol on an administrative offense under Art. 13.23 of the Administrative Code against the founder of the media (fine from 10,000 to 20,000 rubles for 2018).

Responsibility for the manufacture or distribution of media products that have not been re-registered, or the manufacture or distribution of such products after a decision to terminate or suspend the production of media in the prescribed manner - a fine on legal entities - from twenty thousand to thirty thousand rubles with confiscation of the subject of an administrative offense.

Warnings from ILV and involvement in media liquidation are possible

2. The founder, along with the editorial board, the registering authority may issue warnings for violations of Art. 4 of the Media Act, since repeated warnings within twelve months are the basis for the court to terminate the activities of the media by the court.

Since the termination of the media entails the invalidity of the certificate of its registration and the charter of the editorial board (part 6 of article 16 of the Law on the media), both its founder and the editorial board are involved in the case of the termination of the media.

Liability for false information published at the direction of the founder

3. The founder of the media is responsible for false information published on the instructions or on behalf of the founder (Article 18 of the Law on Media).

In other claims, the media editorial board is responsible for the dissemination of such information.

In particular, in relation to cases on the protection of the business reputation of a legal entity defamed by untrue information disseminated in the media, the Supreme Court of the Russian Federation clarified that the author and editorial board of the relevant media are the proper defendants in cases of this kind.

There is also one ruling of the Arbitration Court of the Northwestern District of 2004, when the founder was also brought to justice for the use of the trademark, but the details of this case and how the relationship between the editorial board and the founder were drawn up from the decision are not clear, while the editorial board was not an independent legal entity.

In the agreement between the publisher and the editorial board, there may be a reservation that the editorial board is independently responsible for claims and claims of third parties, including the protection of rights to the results of intellectual activity and means of individualization.

Bloggers

2024

Ban on citation of unofficial sources

In August 2024, the Federal Law "On Communications" was amended, according to which bloggers are prohibited from quoting unofficial sources.

Thus, tightening in relation to citations and reposts concerns blogs with an audience of more than 10 thousand subscribers. Bloggers will be able to quote only official media, government agencies, themselves and other registered bloggers.

The law prohibits quoting blogs whose authors violated the legislation of the Russian Federation regarding the dissemination of information, as well as quotes from "unverified sources."

Law on mandatory registration of bloggers with an audience of 10 thousand people

In 2024, the president Russia Vladimir Putin signed a law on the mandatory registration Roskomnadzor of bloggers with an audience of 10 thousand people in. Those who did not do this cannot advertise.

See also

• Media in Russia
• Media about IT and telecom (Russian market)