04.07.2022 | The Prosecutor General appealed to the Government regarding the legal regulation and control of information security on online platforms

The Department for the Protection of State Interests of the RA General Prosecutor's Office found that in recent years, in the context of the widespread use of the Internet on Internet sites, in social networks, discrimination based on nationality, religion, gender and other grounds has become widespread, materials prohibited for circulation in the RA, including advertising of drugs, or dissemination of information containing an explicit invitation to sale or other criminal manifestation have also become wide-spread.


The study of domestic legislation revealed that the security of information disseminated by Internet resources with wide publicity is not ensured from a legal point of view in the RA, there are no legal norms and there is no body authorized to control the security of information and take measures arising from it.


In the absence of such control, information resources continue to freely distribute such content, distorting and violating the democratic principle of freedom of speech.


Meanwhile, in a number of countries, for example, in Germany, Russia, Georgia, the security of information disseminated through Internet resources is regulated by legislative acts.


In particular, the law of the Russian Federation "On information, information technologies and information protection" establishes a list of information prohibited from posting on the Internet throughout the Russian Federation, including information on methods of committing suicide and incitement to suicide, preparation and use of narcotic means, psychotropic substances, involvement of minors in illegal behavior, sale of information containing a proposal for the retail sale of restricted or prohibited drugs, alcoholic products, etc.


If such information is found, a request is made by the Prosecutor General of the Russian Federation or his deputies to the federal executive body /Roskomnadzor/ for the immediate removal of this information and restriction of access to Internet resources. If the owner of the Internet resource does not delete the information within 1 day from the date of receipt of the information by the competent authority, access to this Internet resource is limited.


And in Germany, there is a law “On improving the state of law enforcement in social networks”, which ensures the safety of social networks. It is prohibited to propagandize an organization recognized as unconstitutional, prepare a serious act that threatens the state, distribute literature motivating the commission of such an act, encourage criminal behavior, incite national, religious, sexual or other hatred, and other information. According to the mentioned law, consumers of information have the right to appeal against prohibited information in a social network. And social networks are obligated to remove or even block information that is contrary to the law. Otherwise, the behavior of the social network will be subject to supervision by the Federal Department of Justice. The latter has the right to bring the resource that committed the illegal behavior to administrative responsibility, a fine, the amount of which varies from 5 to 50 million. within the euro. The purpose of imposing such a large fine is to deter intentional behavior that violates the law.


Based on the foregoing, the RA Prosecutor General Artur Davtyan sent a letter to the RA Government, proposing, with the guarantee of the constitutional right to freedom of expression, to discuss the issue of subjecting the security of information disseminated through Internet resources to legal regulation, and on the basis of this, to exercise state control in the field.


Artur Davtyan expressed readiness to support the process on the part of the RA Prosecutor's Office.