the Supreme court once again explained how to apply the new article of the Criminal code that punish for false information about the epidemic. Repost fake can be judged only in the case if the distributor knowingly knew that is a lie, according to a published sun review. But for sure, in which case, an ordinary citizen might to run into trouble with the law, it is still difficult.
a Month ago in a hurry was adopted and entered into force a law which amended the criminal code with two new “coronavirus” articles – especially for those who spread “under the guise of reliable reports” false information about the epidemic, actions and ways of dealing with it. One of these articles (207.1) promises a fine from 300 to 700 thousand rubles, and in an extreme case – the restriction of freedom for up to 3 years if the “fake” has not led to any serious consequences. Other (207.2) offers for the same thing, but causing harm to someone’s health, or even by negligence the death of a person fine in the amount from 700 thousand to 2 million rubles, and then put in the colony for up to 7 years.
the First of the high-profile cases brought by 207.1 – it is living in St. Petersburg, North Ossetian Opera singer Vadim Cheldiev. His videos, which contained appeals not to obey the authorities of North Ossetia and to break the isolation mode, find the law enforcement agencies, pushed the citizens of the North Caucasus republics to take to the streets on April 20.
on April 21, the Supreme court published its first “review of certain issues” related to the practical application of some adopted for combating coronavirus laws. In that document was a piece about “fake news”. Sun , in particular, categorically said: can not be held criminally liable for fakes about the coronavirus and fight with him publicly posted on the Internet though, at least on the fence UNTIL the entry into force of new articles of the criminal code, that is, before April 1, 2020.
As of April 30, the sun published another “coronavirus” review, which also has the answers to the questions in connection with the application of these articles of the criminal code.
“What is understood as false information and spread it under the guise of reliable reports?” asked themselves the judges. And he answered: “false” information about the circumstances of the spread of the virus in the territory of Russia, adopted in connection with these measures, techniques and methods of protection will be considered only if it “originally is not true”, what “it” knew whoever it was distributed. Knew that lying? But in most cases reliably know about the unreliability of certain information common and even not very regular user of social networks cannot.
in addition, said sun, punishable not just distributionRaney deliberate falsehood, but the addition of this lie-of-sight of the truth: the reference to “competent sources, the statements of public officials, etc.), the use of false documents, video, audio, or documents and records relating to other events”.
Another question – what is “publicity” of the proliferation of fakes, which alone is a crime. Here the sun once again proved that repeatedly on various occasions said earlier: the public dissemination of – that is, if you reported something to the group of persons or to the public (e.g. open to all page in Facebook). How did you do it – oral, written, video – doesn’t matter. At the meeting, the meeting, leaflets, posters, social networking? It is also important: anywhere, if it could see or hear or read one more person …
But in the current situation, “fake”, of course, looking primarily on the Internet.
the Legal analyst of the international human rights group “Agora” Stanislav Seleznev told “MK” that “today there is information about the number of inspections and 17 prosecutions” under article 207.1 (the one where no serious consequences). According to him, “most of such cases filed in the Moscow region – 6, which can be explained by the fact that there is a Central heating unit of the UK, where these things are initially excited and sets the scene of the crime, that is the location of the person who posted the post.” Another 3 cases were initiated in Saint-Petersburg, 2 – in the Krasnodar region, and one in 6 regions.
Specify the courts and the prosecutors have to prove “direct intent” with the placement of fake g-n Seleznev considers “vital”, but the question is, do carefully read the explanations of the armed forces law enforcement officers.
interestingly, in the review of the armed forces as an example of social networks, the placement of the fakes that can cause problems, “names” named only two: Whatsapp and Viber. In practice it is among those Affairs that have investigated, there are two positions for Whatsapp, one for posts in the Telegram, but no Viber. It can be assumed that the armed forces did not mention the Telegram just because from the point of view of the court this messenger in Russia for a long time already should be blocked.
Mr. Seleznev has noticed “MK” another peculiarity of the criminal cases of “fakes”: “With all the mass coming from COVID-deniers informational materials, TFR tougher controls it posts about insufficiency of governmental action to curb the spread of coronavirus”. So what about the alleged perpetrators of the epidemic of bill gates, communication towers generation 5G or aliens you can write without a problem. But the fact that somewhere there is no masks or medications with great caution, and only being completely sure �� the source of information.
