10 Oct 13 | Azerbaijan, Azerbaijan News, Azerbaijan Reports, Index Reports, News and features
Narimanov Park, Baku, 15 May 2010. Police forcibly detain a political activist during an unsanctioned protest. Photograph by Abbas Atilay
This report is also available in a PDF format.
As expected Azerbaijan’s autocratic president Ilham Aliyev was elected to a third term on 9 Oct.
This report addresses violations against freedom of expression on the eve of Azerbaijan’s presidential elections. It is based on field research conducted between 16 and 21 September 2013 in Baku. In 2012, international and national civil society groups denounced attempts by the Azerbaijani government to silence critical voices through fabricated charges, barring protests and blackmail. In 2013, the government has introduced a new set of repressive laws, curbs on media and arrests of journalists, political activists and human rights defenders.
Laws passed in May 2013 extend existing draconian penalties for criminal defamation and insult to online content and public demonstrations. Intimidation, harassment and violence against journalists continue with impunity. Civil society organisations have raised concerns about the deterioration of the media environment and the number of imprisoned journalists through the intensification of the practice of unjustified criminal prosecution.
It is important to note that country is due to assume the chairmanship of the Council of Europe’s Committee of Ministers in 2014, while it fails to comply with its obligations under the European Convention on Human Rights.
IMPUNITY
Impunity for physical and moral attacks against journalists and activists continues unabated. There have been attacks on journalists during the period of the presidential elections. Those responsible for the murders of journalists Elmar Huseynov (2005) and Rafiq Tagi (2011) have yet to be found or tried. No suspects have been named or charged with the violent attack on Idrak Abbasov in 2012, weeks after he received an Index Award. Independent journalists receive threats and are subject to blackmail.
On a daily basis, journalists, who receive physical and psychological threats and make reports to the authorities, are denied justice or protection.
In September 2013, Index met with Ramin Deko, a journalist at Azadliq newspaper. In addition to regular intimidation and threats, Deko has been harassed financially, with prosecutions and fines obstructing his investigative journalism (see section on the economic squeeze on independent or critical media). Deko alleges he was abducted and beaten up on 3 and 4 April 2011 by law enforcement bodies. While he was illegally detained, he said he was told to stop critical articles and to change his workplace to a pro-government newspaper.[1] On 4 October 2013, Deko was part of a group of journalists attacked by a pro-government mob while covering a sanctioned opposition rally the central Azerbaijan town of Sabirabad. Tural Mustafayev, who was also among the journalists, said that they were assaulted, and their equipment was damaged by the mob while police officers stood by and made no effort to disperse the attackers. No measure has yet been taken to investigate the beating and harassment of the attacked journalists. On the contrary, the Interior Ministry released a statement justifying the action of the police and Bakunews internet television reporter, Ilham Rasulzadeh, was detained and taken to the Sabirabad police department.
Another journalist, Yafez Akramoghlu, told Index that the range of “tools” to intimidate journalists has widened. [2]
Akramoghlu is a journalist at Radio Liberty/Azadliq radiosu and correspondent for the Nakhchivan Autonomous Republic, which he calls “the North Korea of Azerbaijan”. Akramoghlu claims that in April 2013, his family received an envelope containing a CD and several photos. They depicted intimate pictures and a fake Facebook profile with fabricated Facebook chats between Akramoghlu and a woman (the same woman appearing in intimate positions in the photos). Shortly after receiving the envelope, Akramoghlu says he received a phone call from someone who identified himself as an employee of the Nakhchivan national security forces. This individual reportedly threatened to damage the journalist’s reputation by circulating the images if he did not stop his investigative work. Following his refusal to give in to blackmail, Akramoghlu claims he received assassination threats directed at himself and his family.
Investigative journalist Khadija Ismayilova has also been the target of a smear campaign. On 7 March 2012, she received an envelope from an anonymous sender containing explicit photos of her and her boyfriend with a note warning her, “Whore, behave. Or you will be disgraced.” Ismayilova published the threat letter and continued her investigative work. On 14 March 2012, a secretly-recorded video of Ismayilova having sex with her boyfriend was posted on the internet. The previous day, a pro-government newspaper ran a long article attacking her and criticizing her personal life. In August 2013, 11 international NGOs sent a joint letter to President Ilham Aliyev and Prosecutor-General Zakir Garalov urging them to take concrete steps to ensure that the repeated harassment and intimidation of Khadiya Ismayilova is properly investigated. This was after Ismayilova sent at least four letters to the prosecutor’s office requesting updates on the investigation. According to Ismayilova, in its replies, the prosecutor’s office has merely stated that the investigation was ongoing, without giving any details.
Imprisoned journalists and activists also face intimidation and violence. In May 2013, one NIDA board member – Turgut Gambar – and two other youth activists – Abulfaz Gurbanli and Ilkin Rustemzade – were arrested on misdemeanour charges and had their heads were shaved while they served administrative detention.
Since his arrest in June 2012, Hilal Mammadov, editor-in-chief for Tolisho Sedo newspaper, has reported ill-treatment and torture. On Friday 27 September 2013, two weeks before the presidential elections, Mammadov was sentenced to five years in prison on charges of treason, inciting ethnic hatred and drug trafficking.
REPRESSIVE LEGISLATION
In the run up to the presidential elections, the framework for freedom of expression became tighter. Recent amendments to laws have further restricted freedom of expression, freedom of assembly and the work of civil society, by increasing sanctions for public order offences, including organising and participating in unauthorised demonstrations. Minor public-order offences now carry maximum jail sentences of 60 days, instead of 45. Adopted on 2 November 2012, new amendments to the law “On freedom of assembly” and to the Criminal Code saw fines for protesters who violate the law raised from 300 manat (USD 385) to 8,000 manat (USD 10,200) and introduced a prison sentence of two years. Criminalising the organisation and participation in peaceful protests has an increasingly chilling effect on freedom of expression in Azerbaijan.
Amendments to legislation regulating non-governmental organisations (NGOs), signed into law by the president on 11 March 2013, further stifle civil society in Azerbaijan, with NGOs now facing additional registration hurdles and stricter funding requirements. The new law bans cash donations above USD 200, and increased fines for non-compliance. In addition, NGOs that do not register under the law are unable to open or maintain bank accounts. This legislation further interferes with freedom of association already undermined in 2009 and 2011, after the introduction of overly complicated NGO registration requirements. The International Center for Not-for-Profit Law (ICNL) identified a number of issues relating to NGO legislation in Azerbaijan, including the lack of transparency in the process of government authorities’ decision-making on whether to register an NGO. It is feared that the arbitrary application of the law directly undermines freedoms of expression and association. On 19 October 2011, the Council of Europe Venice Commission referred to NGO regulations in Azerbaijan as “a breach of international standards.”
In May 2013, the Azerbaijani Parliament adopted amendments to the Code of Administrative Offences, resulting in the extension of the permitted length of administrative detention. The maximum period of administrative detention sanctioning offences for “violation of the rules of organising and conducting rallies, demonstrations, processions, etc.” has been increased from 15 to 60 days.[3] This new legislation allows the arrest, for example, of people who distribute leaflets in the streets. On 19 September 2013, the police reportedly arrested and detained for a few hours 20 young people distributing leaflets for an authorised protest.[4]
In addition, Azerbaijan’s defamation legislation was extended on 3 June 2013 and now also applies to internet-based content and opinions expressed online, including in social media (see section on internet censorship). The new defamation law imposes hefty fines and prison sentences for anyone convicted of online slander or insults. This constituted a severe step back for Azerbaijani government that had committed to decriminalise defamation in its National Action Programme in 2011. In August 2013, a court prosecuted a former bank employee who had criticised the bank on Facebook. The court found him guilty of libel and sentenced him to 1-year public work, also withholding 20% of his monthly salary (see section in internet censorship).
MEDIA DIVERSITY, OWNERSHIP AND THE SQUEEZE ON THE OPPOSITION PRESS
The clampdown on independent and critical media continues, while nearly all broadcast media remain owned by the state or controlled by the authorities.[5] The independent press has faced economic discrimination, with editors claiming the authorities regularly pressure advertisers not to place ads in critical papers.[6] Meanwhile, Azerbaijani public officials have used criminal and civil defamation to stifle critical journalists.
Most of the nine national TV channels are either directly owned by the state or controlled by the authorities. The regulatory authority, Azerbaijan’s National Television and Radio Council – also charged with delivering broadcast licenses – is fully funded from the state budget and the president directly appoints all of its nine members. Journalists Index spoke to believe audiences are inundated with state propaganda, even through channels that offer no direct coverage of current events or political news.
Critical newspapers are barred from press distribution networks, which are controlled by state officials. Over 70 % of the distribution has fallen under government control and 42% of the population has no access to press kiosks with, on average, one retail stand for 11,250 inhabitants. Journalists and editors interviewed by Index expressed concerns over the election code that makes no provisions for balanced coverage of candidates and political parties in news and current affairs programs, including for public newspapers and broadcasters.
The first interim report of the OSCE/ODIHR Election Observation Mission reported that there were some concerns over the shortening of the official campaign period, which limits opposition candidates’ access to media and gives the incumbent president a disproportional advantage.
Along with the state’s control over the main media channels, the Azerbaijani regime keeps suppressing dissent or critical voices through defamation legal actions. According to Rashid Hajili from the Media Rights Institute, in the first six months of 2013, 36 defamation suits were brought against media outlets or journalists, four of which were criminal defamation suits. While courts have rejected all four criminal defamation suits, they have ordered media outlets and journalists to pay hefty fines in civil defamation cases. For example in June 2012, a court ordered Azadliq newspaper to pay 30,000 manat (USD 36,000) to the head of the Baku Metro Service, for an article published on 8 April 2012 about an increase in metro fares. In May 2012, a court fined Ramin Deko, investigative journalist at Azadliq, 3,000 manat (USD 3,800) for allegedly defaming Novruzali Aslanov, a pro-government member of parliament. Ramin Deko says: “Because of the fines, investigative journalism is at risk. There is an allergy to free expression in this country. In April 2011, I was abducted and beaten up, but defamation fines are equally chilling. It is another intimidation tactic and it interferes with my personal life.”[7]
INTERNET CENSORSHIP
Several activists have been arrested for their protest activities on social networks. In public statements, high-ranking officials aggressively attack social media, calling it a “harmful phenomenon.” Fazail Agamaly, an Azerbaijani MP, publicly called for access to social networking websites in Azerbaijan to be blocked during a speech in the country’s parliament, calling Facebook and social networks “a threat to Azerbaijan’s statehood.” The “war declared by the regime on social media” became more serious after street protests — organised by young people through Facebook — on 10 March 2013. On 16 March, president Ilham Aliyev allocated 5 million Azerbaijani manats (about USD 6.7 million) to fund activities of pro-government youth organisations on social networks. At the same time, seven members of the NIDA movement – a youth movement calling for more democracy in Azerbaijan – were arrested on charges of drug possession and inciting hatred. In May, the parliament adopted repressive legislation to extend criminal defamation laws to online content.
Rashid Hajili from the Media Rights Institute said: “Internet is growing and offers opportunities as well as challenges. The first steps toward prosecution for criminal defamation on Facebook last August [2013] are concerning.”[8] In August, Astara District Court convicted Mikail Talibov for sharing critical information on Facebook. Previously, Talibov worked at AccessBank, a bank with headquarters in Baku. Following his dismissal, he created a Facebook page where he harshly criticized the bank’s activity. The bank considered the Facebook page libelous and demanded the court to bring Talibov to justice for libel. The court considered the former bank employee guilty and charged him to 1-year public work, also withholding 20% of his monthly salary. The court also ruled Talibov to refute his criticism on Facebook. Many Azerbaijani civil organisations have condemned this ruling, with the Media Rights Institute calling it a “harsh punishment for expressions on internet forums”.
Defamation laws and monitoring of social media content are particularly chilling free expression online in Azerbaijan. Turgut Gambar, youth activist and member of NIDA, told Index that an increased number of young people refrain from expressing their opinion online due to the monitoring of social media and punishment of those who criticize the regime.[9] However, Gambar counts on the internet to empower the youth and complement traditional action for the democratisation of the country. “In March [2013], NIDA was able to mobilize and attract people who usually are not politicised thanks to social media”, says Gambar, “Internet is complementary to other forms of action such as graffiti, songs, or distribution of stickers”. The seven NIDA members arrested in March and April 2013 were particularly active on social media and known for their criticism of the authorities. The repression of free speech online is seen as an attempt to suppress activism on the last remaining haven for independent expression.
AZERBAIJAN AND THE COUNCIL OF EUROPE
In the run up to the elections, on 26 January 2013, the Parliamentary Assembly of the Council of Europe (PACE) failed to pass a resolution on political prisoners. The inaction of PACE has made Azerbaijan confident and since that failure at the PACE, Azerbaijan has felt emboldened to arrest more journalists and activists. On 1 October 2013, the Baku-based Human Rights Club released a new list of political prisoners counting 142 persons currently in detention or imprisoned for politically motivated reasons. The Human Rights Club notes that the number of politically motivated detentions and imprisonments has increased sharply since the defeat on 26 January 2013 of the key PACE resolution on “The follow-up to the issue of political prisoners in Azerbaijan.” At the time of the vote, there were 60 cases of alleged political prisoners included in then-rapporteur Christoph Strässer’s list.
It is of concern that the PACE has failed to hold Azerbaijan accountable for its Council of Europe obligations. According to interviewees, the resolution’s defeat has tarnished the Council of Europe’s credibility in Azerbaijan as an institution supposed to protect, promote and ensure human rights.
The government of Azerbaijan works particularly hard to influence opinion at the PACE, or to paralyse its action.[10] Christoph Strässer, a German PACE delegate who was the Special Rapporteur tasked with examining the situation of political prisoners in Azerbaijan, has been refused a visa to conduct a fact-finding mission to Azerbaijan. This refusal has angered German parliamentarians to the extent that the Bundestag’s Committee on Human Rights and Humanitarian Aid drafted a resolution demanding Strässer be granted a visa. Such is the influence of the government of Azerbaijan in Germany that the draft resolution was leaked to the country’s ambassador.
Azerbaijan pursues its lobbying at the Council of Europe (COE) and at national government level to persuade parliamentarians that the lack of a free media or its political prisoners are not worthy of special attention – or can be justified in the context of the ongoing Nagorno-Karabakh conflict. This distortion of the truth makes the work of human rights defenders all the more difficult, especially as space to express critical views in Azerbaijan has been gradually and progressively curtailed since Azerbaijan joined the COE in 2001. While Azerbaijan is preparing to assume the Chairmanship of the COE, it is of paramount importance for the Council of Europe to take tougher line against Azerbaijan’s crackdown on fundamental rights and freedoms.[11]
“In eight moths, Azerbaijan will run Europe’s official human rights organisation. The Council of Europe must take care about who speaks on its behalf. We are not saying that the council should prevent Azerbaijan from taking the chair, but it should take a tougher line vis-à-vis implementation of human rights commitments. If member states are allowed to get away with blatant violations and fail to comply with the Council of Europe rules and treaties, human rights become a dead letter”, says Emin Huseynov, Chair and CEO of the Institute for Reporters’ Freedom and Safety (IRFS).[12]
Recommendations
In the run-up to the 2013 presidential elections in Azerbaijan, the situation for freedom of expression has deteriorated. Index on Censorship makes the following recommendations:
– Ensure the immediate release of all persons imprisoned for exercising their right to freedom of expression
– Promptly investigate and prosecute all cases of violence, threats of violence, and blackmail against journalists, political activists and human rights defenders
– Respect and protect the right to freedom of expression offline and online, including by ceasing the practice of targeting social media users involved in organising protests
– Promote the development of public service broadcasting that is independent of government interests and acts in the public interest, with particular attention paid to the regions outside of Baku
– Cease the practice of pressuring and interfering with the work of NGOs, human rights defenders and lawyers
– Reform the law to protect the freedom of association
This report was originally published on 10 Oct 2013 at indexoncensorship.org
[1] Index on Censorship interview, Baku, 18 September 2013
[2] Index on Censorship interview, Baku, 18 September 2013
[3] Article 298.11 and 298.22 of the Administrative Offences Code
[4] Index on Censorship interview with a young political activist, Baku, 20 September 2013
[5] State control and the media in Running scared. Azerbaijan’s Silenced Voices, International Partnership Group for Azerbaijan report, 2012
[6] Index on Censorship interview with Rahim Ajiyev, acting editor-in-chief of Azadliq newspaper, Baku, 18 September 2013
[7] Index on Censorship interview, Baku, 18 September 2013
[8] Index on Censorship interview, Baku, 19 September 2013
[9] Index on Censorship interview, Baku, 20 September 2013
[10] Azerbaijan’s image problem, in Running Scared. Azerbaijan’s Silenced Voices, International Partnership Group for Azerbaijan report, 2012
[11] Azerbaijan will assume the chairmanship of the COE’s Committee of Ministers from July 2014
[12] Index on Censorship interview, Baku, 18 September 2013
07 Oct 13 | Digital Freedom, India, News and features, Politics and Society
Illustration: Shutterstock
India’s National Integration Council met in the last week of September 2013 to discuss the threat of communal violence in the country. The council, first set up in the early 1960s, gives senior Indian politicians and public leaders a platform to discuss issues that could divide the country along caste, communal, language and regional fault lines. This September, with the backdrop of violent communal clashes that have seen over 50 killed and 40,000 displaced in India’s most populous state, Uttar Pradesh, Prime Minister Manmohan Singh sat with some of the Chief Ministers, to discuss how to resolve these issues.
There were early reports that the meeting was going to discuss the ‘misuse’ of social media, as news reports have indicated that the violent clashes in Uttar Pradesh were spurred on by false videos on YouTube. In India, the regulation of social media has been a subject of great controversy. The government has, in the past, used the IT Act’s Section 66(A) to arrest people for irresponsible posts that they claimed could cause ‘communal tension’. However, as the famous case of the Palghar girls demonstrated, many early arrests under this Section were politically motivated. Similarly, while the government has in the past asked social media companies to take down controversial posts, it has been revealed that most of the requests were again to take down criticism against the government.
However, at the same time, social media and MMS (multimedia messages through texts) have indeed been known to cause real damage. Last year, false rumours spread through MMS resulted in the exodus of northeastern migrants from south India, as the threat of violence seemed imminent. At the time, the government had to ban bulk text messaging, and ultimately restricted messages to 5 a day to curb any more rumours. Meanwhile, with global violence in the aftermath of the YouTube video, The Innocence of Muslims, the government of Jammu and Kashmir decided to suspend the internet for a few days to prevent any incidents.
Only about 164.81 million Indians have access to the internet, and only 143.20 million over mobile phones according to official figures released by the Telecom and Regulatory Authority of India in March 2013. Given this scenario, both the reach in terms of positive and negative impact, is still quite limited in India.
The prime minister, however, chose to focus on social media’s role on fanning communal violence in his address at the National Integration Council. His views on hate speech on social media were echoed by many others, including Uttar Pradesh Chief Minister Akhilesh Yadav, Maharashtra Chief Minister Prithviraj Chavan, Assam Chief Minister Tarun Gogoi, Jharkhand Chief Minister Hemant Soren, Haryana Chief Minister Bhupinder Singh Hooda and Meghalaya Chief Minister Mukul Sangma. The majority of chief ministers, then, favour social media regulation. Ideas thrown forward included taking action within the current legal framework, setting up ‘social media laboratories’ to monitor posts under intelligence departments and even mobilizing NGOs and prominent citizens to counter social media rumours.
There are a few important points to keep in mind while looking at this debate: the real need for regulating social media, scapegoating by politicians and finally, preserving freedom of expression and an open internet.
Given India’s experience with hate speech online, and reports about gender targeted abuse, along with abuse based on political, caste, community and regional affiliation, there is a valid point raised for some kind of regulation of social media. However, the real question is the kind of regulation India chooses to favor. In China, a new law can charge people with defamation if a false rumor started by them gets reposted over 500 times. In India, current laws allow citizens to go to court over information that has even caused them “annoyance” under Section 66A of the law. To ensure this is not abused, the government has now mandated that a senior police officer looks at individual cases before allowing charges to be filed to avoid nuisance cases. In the aftermath of the Muzzafarnagar riots of Uttar Pradesh, some citizens are urging the National Human Rights Commission to ask the Department of Telecom to screen and remove inflammatory posts on social media. However, when looking at cases where mass impact can cause damage (such as the exodus of northeasterns from south India), the government relied immediately on technology to solve the problem. The same can be said of the Jammu and Kashmir government, which switched off the internet, at the slightest hint of trouble.
However, both responses need to have legal sanctity. We already know the Indian government monitors its citizens’ communications, and much like many other governments across the world, and the legal basis for these programmes are still dubious. The government may want to come up with a plan for targeted control of certain communication channels should a particularly disastrous video or message surface over social media, and clearly contributes to an inflamed environment and damage on the ground. Social media is already being used to recruit terrorists. Perhaps some communication channels will be used to organize riots, as have been seen before in London. These will become bigger concerns when more than a sliver of India is connected to the internet. The debate will undoubtedly be seen through the prism of security instead of the freedom of expression, as we are currently witnessing the world over.
In a predominantly uneducated country, rumours run rife, and the result is not violence alone. For example, in 2006, polio campaigns in India have failed in Muslim communities, because of rampant rumours that the polio campaigns were a method to sterilize the community. In 2008, despite warnings, rumours that an apparition of the Virgin Mary would appear to devotees after staring into the sun caused dozens to go blind. Earlier in June 2013, three men were lynched to death in the state of Assam because of a rumour that a group of “naked men” were raping women. This does not mean every misguided or even damaging video needs to be censored immediately.
The constitution of India allows for freedom of expression, although with restrictions. However, any plan to take reasonable action in light of clear and present danger, should be drawn up with the help of civil society organizations and lawyers, and cannot be made and implemented unilaterally. The potential for abuse is too great.
Unfortunately, as it seems today – social media has become become the target of scapegoating by politicians. For example, the violence in Uttar Pradesh may or may not have been caused/spurred by a YouTube video. There is no empirical evidence for that. What isclear is that the Muzzafarnagar riots started with two Hindu boys stabbing a Muslim youth because he stalked their sister. Not YouTube. However, it would appear that instead of focusing on other causes of communal tensions in a neighbourhood, which include poverty, development, and unemployment, senior politicians vilified social media.
With elections looming, can one guarantee that any gap in planning, law and order management or inflammatory campaign speeches won’t be blamed on a tweet or Facebook update? Will the outward calling for “regulating social media” will substitute for real change on the ground?
Finally, the most important point remains. Hate speech, law and order, and mass panic are realities India’s states have been living with for years. It would appear that, in dealing with free expression on the internet, India’s politicians seem to err on the side of control. Perhaps the next election is not just about the economy, but equally about the Indian citizens freedom of expression and freedom from control.
This article was originally published on 7 Oct 2013 at indexoncensorship.org
01 Oct 13 | Europe and Central Asia, News and features, Russia
gazeta.ru was just one of the sites blocked by a Russian court.
The major news in internet censorship in summer 2013 in Russia is a new law on copyright covering film, television and video productions. Under the legislation, a website hosting allegedly illegal content can be blocked without a court judgment if the owner of the site fails to remove the content after receiving a warning from the state regulator Roskomnadzor.
The measure was strongly criticised by human rights activists, experts and internet companies, but the State Duma approved the “anti-piracy” law on 21 June and it entered into force on 1 August. The first victim was a torrent-tracker site, added to the Register of Pirate Resources on 22 August. Since then dozens of websites have been banned or blocked and distrubution of many movies online has been prohibited by courts.
Site-blocking has also been used against the mainstream media: in June internet users in the Ulyanovsk region discovered that their access to the websites of 14 popular publications, including the online newspaper gazeta.ru and the tabloid daily Komsomolskaya Pravda, was barred. The local prosecutor blocked the websites after a ruling by a district court that articles on bribery they had published “undermined the authority of the government”. Remarkably, the court failed to inform the newspapers of the decision.
Extremism
Chuvash ISP fined for distributing extremist materials
On 3 June the Chuvash Republic prosecutor reported that the Novocheboksarsk city court had found the head of a local ISP guilty of failing to block access to websites posting extremist materials and had sentenced him to a fine of 2,000 rubles. The verdict has not yet entered into force.
ISP fined in Moscow
On 4 June it was reported that the arbitration court of the Moscow region had sentenced the ISP Tefo to a fine of 30,000 rubles for failing to block access to websites featuring extremist materials. The company appealed the decision, but the appeal court confirmed the verdict.
Chechnya prosecutor seeks to block Belyi Bukvar
On 4 June the Chechnya Republic prosecutor announced that a writ had been served against the ISPs Vainakh Telecom, Elektrosviaz Federal State Unitary Enterprise in the Chechen Republic, Chechenskaya Sotovaya Svyaz, Mig, the Caucasus branch of Megafon and the local branches of VimpelCom and MTS. The prosecutor demanded that the ISPs block access to a website hosting the far-right tract The White Primer (Belyi Bukvar), which is on the Federal List of Extremist Materials.
Krasnodar prosecutor moves against Islamist website
On 5 June 2013, the Krasnodar regional prosecutor said that the Islamist website www. islamdin.biz, which is on the Federal List of Extremist Materials, was publicly accessible. The Starominskiy district prosecutor served a writ demanding that the ISP Beeline block access to the site.
Moscow prosecutor requests blockion on anti-Islam video
On 5 June it was reported that the Presnenskaya prosecutor in Moscow had served a writ in the Basmanny district court against the ISP Taskom. The prosecutor demanded a block on access to a website featuring the anti-Islamic video The Innocence of Muslims, which is on the Federal List of Extremist Materials.
Komi Republic ISP yields to bailiffs
On 6 June it was reported that the Syktyvkar city court had approved the demand of the city prosecutor for a block on access to the websites www. islamdin.biz, www.3a русb.livejornal.com and www.pat-livejornal.com. The court ordered the ISP Parma-Inform to block them, but the company did not immediately comply. The bailiff service notified it that enforcement proceedings were being initiated, and warned of possible criminal liability for non-compliance with the court’s decision. Subsequently, the ISP blocked the websites.
Courts order ISPs to block Falun Gong and Scientology
On 13 June the Krasnodar regional prosecutor said that the Leninsky district court and the Oktyabrsky district court had approved the city prosecutor’s demands that eight ISPs – Astarta, Kubintersvyaz, Prestizh-internet, Kuban State University, VimpelCom, Megafon, MTS, and Kubtelecom – block access to sites publishing materials by the Chinese sect Falun Gong and Scientology tracts. The offending texts were Zhuan Falun by Li Hongzhi, Report into Allegations of Organ Harvesting of Falun Gong Practitioners in China by David Matas and David Kilgour and PTS/SP Course Lectures by L Ron Hubbard, all of which had been previously legally recognised as extremist.
Novokyibishevsk prosecutor moves on websites
On 13 June the Samara regional prosecutor announced that the Novokyibishevsk city prosecutor had served 20 writs against the ISPs Progress-IT, TesKomVolga, MIRS and NeksTellSamara demanding blocks on access to websites hosting material included in the Federal List of Extremist Materials. The Novokuibyshev city court has approved eight of the writs.
Mussolini books lands ISP in trouble
On 17 June the Ivanovo regional prosecutor said that the Rodnikovsky district prosecutor had demanded that the ISP Irtek block access to two websites hosting the texts of Benito Mussolini’s Memoirs 1942-1943 and The Doctrine of Fascism.
ISPs warned over access to extremist materials
On 18 June the Jewish Autonomous regional prosecutor announced that it had demanded that the Khabarovsk branch of MTS and the Birobidzhan branch of VimpelCom block access to websites hosting extremist materials.
Kemerovo blocks websites
On 18 June it was reported that a court had approved the demand of the Zavodskoy district prosecutor that an ISP block access to websites hosting texts included in the Federal List of Extremist Materials.
Blagoveshchensk denies access to extremism
On 20 June the Blagoveshchensk city court approved the demand of the district prosecutor that the Amur branch of Rostelecom block a site hosting the article “The Mujahideen statement upon arrival of new bandit groups – FSB and MVD – to Dagestan”, which is on the Federal List of Extremist Materials.
Samara prosecutors demand block
On 21 June the Samara regional prosecutor announced that the Zheleznodorozhny district prosecutor had served 26 court writs against the ISPs Intertelekom.ru, Avantel, and Samara Lan, demanding that they block access to websites hosting fascist propaganda and materials aimed at inciting religious and racial hatred.
Saratov ISP ordered to block websites
On 24 June the Saratov regional prosecutor said that a court had approved the demand of the Leninsky district prosecutor that the regional branch of the ISP Rostelecom block access to websites with extremist content.
Surgut prosecutors move against NBP website
On 24 June the Khanty-Mansiysk Autonomous District prosecutor said that the Surgut city prosecutor had served a writ against the local branches of the ISPs VimpelCom and Megafon demanding blocks on access to the sites of extremist organisations including the Slavic Union and the National Bolshevik Party.
Mari El prosecutor gets sites barred
On 1 July the Mari-El Republican prosecutor said that the Volzhsk city court had approved a demand from the Volzhsky inter-district prosecutor that the ISP Intercom block access to sites hosting the text of the booklet Rasovaia Gigiena i Demograficheskaia Politika v Natsional-sotsialisticheskoi Germanii (Racial Hygiene and Population Policy in National-Socialist Germany) and the Islamist tracts The Concept of Hizb-ut-Tahrir and Kniga Edinobozhiia (The Book of Monotheism). The prosecutor also sought to block websites promoting drug use.
Moscow ISP pre-empts court ban
On 26 June the Lytkarino city prosecutor in Moscow announced that it had served a writ against the ISP Velcom-L, demanding a block on access to a website hosting extremist materials. The ISP complied without waiting for a court decision. The case was closed.
Penza websites reined in
On 26 June the Penza regional prosecutor said that the Oktyabrsky district court in Penza had approved the district prosecutor’s demand that local ISPs block access to websites hosting extremist materials including Krysoliudi by Orei Volot and Mein Kampf by Adolf Hitler; both of which are on the Federal List of Extremist Materials.
Smolensk prosecutors issue warning
On 27 June the Smolensk regional prosecutor said that the district prosecutors of the Zadneprovsky and Promyshlennyi districts and the inter-district prosecutors of Gagarinskaya and Safonovskaya had issued 12 warnings to ISPs of violations of the law on combating extremism. The ISPs that received the warnings were the local branches of MTS and Rostelecom, SmolenskSvyazStroy, MAN-Set, and the Russian Post (Pochta Rossii).
Jewish Autonomous Region blocks access
On 2 July the prosecutor of the Jewish Autonomous Region said that the regional offices of MTS and Beeline had blocked access to extremist materials after the ISPs were sent warnings.
Novgorod court orders block
On 11 July the Novgorod regional prosecutor said that the Novgorod district court had approved a prosecutor’s demand that the ISPs Maxim +, Novline, Rostelecom and Alfakom block access to a Jehovah’s Witnesses website and to a site hosting the anti-Islamic video Innocence of Muslims, which is on the Federal List of Extremist Materials. The ISPs have complied with the court decision.
Chukotka prosecutor blocks access
On 12 July the prosecutor of Chukotka Autonomous District said that the district attorney had demanded that the management of the ISP Arctic Region Communications block access to extremist materials. The ISP complied.
Bratsk prosecutors acts against extremism
On July 15 the Irkutsk regional prosecutor said that the Padunsky district prosecutor in Bratsk had demanded that an ISP block access to websites included on the Federal List of Extremist Materials.
Samara blocks book site
On 15 July the Kirov district court approved the demand of the Samara regional prosecutor that access be blocked to a website hosting the book Allu Butami Ochishchenie Serdtsa i Tela ot Griazi Mnogobozhiia i Neveriia (Purification of the Heart and the Body from the Dirt of Polytheism and Atheism) by Ahmad ibn Hajar. The book is on the Federal List of Extremist Materials.
Chukotka prosecutor targets post office
On 17 July the prosecutor of Chukotka Autonomous District demanded that the Lavrenty post office cease allowing access to sites included in the Federal List of Extremist Materials, among them sites inciting ethnic and religious hatred. Access to these sites was blocked and the Lavrenty postmaster was reprimanded.
Pyatigorsk says Islamist site is extremist
On 16 July Pyatigorsk city court approved a demand by the city prosecutor to classify the Islamist website firdauz.ucoz.net, which had published the banned video lecture Chuzhie (Aliens) by Sheikh Khalid Yasin, as extremist.
Primorye blocks extremist material
On 18 July the Primorye regional prosecutor said that the director of Fokino-Telecom had been told to eliminate violations of the law on combating extremism. The ISP blocked access to several websites and the ISP’s managers face disciplinary charges.
Leningrad moves against messages
On 19 July the Leningrad regional prosecutor said that the Sosnovy Bor town prosecutor had demanded that the ISP Infosentr block extremist materials. The prosecutor said that the local network sbor.claim, housed on the Infosentr’s server news.sbor.net, contained user messages aimed at inciting national and racial hatred and violence. The management of Infosentr removed the offending materials from the server.
Krasnodar ISPs receive warnings
On 8 August it was reported that the central administrative district prosecutor in Krasnodar had issued warnings to the ISPs Virtual, Komlink, Postavshchik Kommercheskoi Informatsii and Real Comm, which had all allowed access to a video message by the Chechen Islamist Doku Umarov. The message was indicted for public incitement to terrorist activities including disruption of the 2014 Olympic Games in Sochi.
ISP told to limit access in Moscow
On 26 August it was announced that the Pavlovsky Posad town court had approved the town prosecutor’s demand that the ISP Elektranet block access to extremist websites and remove the offending sites from its servers. The court ruling has not yet entered into force.
Extremist websites blocked in Chechnya
On 29 August the Chechnya Republican prosecutor said that the Leninsky district court of Grozny had endorsed five demands that ISPs block access to websites hosting extremist materials.
Saratov prosecutor demands access block
On 30 August the Saratov regional prosecutor announced that the Kirovsky district prosecutor had served a writ in order to include the website, which contains a book included in the Federal List of Extremist Materials, on the Register of Banned Domain Names.
ISP loses appeal in Sverdlovsk
On 30 August it was announced that an ISP from Kamensk-Uralsky had lost its appeal against a court decision demanding that it block access to websites containing extremist materials. The company had argued that ISPs should not be responsible for content monitoring, but was instructed to block access to the offending sites.
Ulyanovsk prosecutor seeks bans
On 20 August it was reported that the Inzensky district prosecutor had served a writ demanding that the Ulyanovsk regional branch of Rostelecom block access to websites hosting extremist materials, including kcblog.info, koransunnah.wordpress.com and masteroff.org.
Students ‘must be protected’ in Voronezh
On 14 August it was reported that the Kamensky district bailiffs’ office in Voronezh had demanded that the administration of a district school comply with a court order blocking student access to extremist sites within five days. The school complied and enforcement proceedings were closed.
Altai Republic bans 10 sites
On 14 August the Gorno-Altaysk city court reviewed two demands by the Altai Republic prosecutor that two ISPs block access to 10 websites with extremist content. During the review it was established that the ISP E-Telecom had voluntarily complied with the demand and blocked the websites. The ISP ONGNET agreed to comply with the request at the time of the court proceedings.
Tambov prosecutors demand blocks
On 6 August the Tambov regional prosecutor said that the Michurinsk town prosecutor had demanded that the ISP Yugo-Vostok TransTeleKom block access to extremist materials.
Networking service hit because of 2011 post
On 7-8 August, internet users in several regions were unable to access the popular social networking site LiveJournal.com. Beeline, a major mobile operator and ISP, temporarily blocked the site in Moscow, Nizhny Novgorod and Yekaterinburg because of a post about miendorss, published in 2011. The intention was to block only a page, but an error led to blocking the entire site.
Extremist book publishers targeted in Ulyanovsk
On 8 August it was reported that the Ulyanovsk district prosecutor had served a writ demanding that the regional branch of Rostelecom block access to extremist materials on the websites bookz.ru, svoboda.ru, tvoyhram.ru, e-reading-lib.com and blagievesti.ru. The sites were found to contain the books Krasnaia Kabbala (The Red Kabbalah), Rasovaia Gigiena i Demograficheskaia Politika v Natsional-sotsialisticheskoi Germanii (Racial Hygiene and Population Policy in National-Socialist Germany), Udar Russkikh Bogov (The Strike of Russian Gods), Glavnaia Spetsial’naia Operatsiia Vperedi (The Main Special Operation Is Ahead), and Spravochnik Russkogo Cheloveka (The Russian’s Handbook).
Drugs
Langepas prosecutor demands drug restrictions
On 10 June the Khanty-Mansi Autonomous district prosecutor said that the Langepas city prosecutor had served a writ demanding that the ISP Rostelecom block websites posting information about the use and manufacture of illegal drugs.
Togliatti prosecutors block drug sites
On 20 June the Samara regional prosecutor said that the Avtozavodsky district prosecutor in Togliatti had served 54 writs against the ISPs AIST, Infolada, Infopak, Letkom-2, Togliatti Telecom and Aido Telecom, demanding that they block websites promoting the use and production of illegal drugs. Thirteen of these writs have been acted upon.
Bashkortostan move on ‘smoking blends’
On 22 July it was announced that the Ishimbay district prosecutor had served a writ against the ISP Bashinformsvyaz, demanding that access to 40 sites that promote the use of ‘smoking mixtures’ be blocked.
Moscow ISP told to clean up
On 28 August it was announced that the city prosecutor of Pavlovsky Posad in the Moscow region had demanded that the ISP Elektranet block sites hosting information about drug manufacture. The city court approved the prosecutor’s demand in full.
Roscomnadzor bans singer’s website
On 8 August it was reported that the state regulator Roscomnadzor had added the webpage of Buryat singer Dasha Baskakova to the Register of Banned Websites on the request of drug enforcement agencies. The singer has been unable to obtain any explanation for adding her site to the register.
Bribery and corruption
Ulyanovsk prosecutors seek bans
On 14 June it was reported that the Zasviyazhskiy district prosecutor of Ulyanovsk had served a writ demanding that the ISPs DARS-IP and Telekom.ru. block the websites 7ba.ru, babyplan.ru, daslife, bbcont, Volgograd, which contain information on how to give bribes.
Gazeta.ru blocked in Ulyanovsk and Nizhny Novgorod
In the second half of June 2013, internet users in the Ulyanovsk region discovered that their access to the websites of 14 popular publications, including gazeta.ru and Komsomolskaya Pravda, had been blocked. The local prosecutor had blocked the websites in accordance with a decision of the Leninsky district court, which ruled that material on bribery previously featured in these publications “undermined the authority of the government”. The court failed to inform the newspapers about the decision. On 26 June the ISP restored access to the materials on the website. The prosecutor explained that the block on access related to specific materials published at gazeta.ru, and not to the entire site. The Dzerzhinsk city prosecutor in the Nizhny Novgorod region also requested that the ISP block gazeta.ru materials.
ISPs pre-empt prosecutor in Ivanovo
On 12 July it was announced that the Teykovskaya inter-district prosecutor had served six writs demanding that Ivanovo ISPs block websites on techniques of bribing officials. The ISPs complied with the writs without waiting for the court’s decision.
Prosecutor withdraws in Nizhny Novgorod
On 24 July it was reported that the Kulebaki town prosecutor in Nizhny Novgorod had gone to court demanding that the regional branch of Rostelecom block access to a page of the social network livejournal.com which discussed ways of soliciting bribes. The prosecutor subsequently withdrew because the defendant lacked the technical capacity for blocking access to the page without blocking the entire site.
Ufa nixes bribery sites
On 23 July it was announced that the Ishimbay district prosecutor in Ufa had served writs against the ISPs Bashinformsvyaz and Ufanet, demanding that they block access to websites hosting information on ways to give a bribe. The court approved the prosecutor’s demands.
Tyumen court bans corruption tips
On 26 August the Tyumen regional prosecutor said that the Tsentralnyi district court in Tyumen had endorsed a prosecutor’s demand to block access to five websites hosting information on techniques of bribery.
Reader’s letter from 2009 prompts ban
On 29 August it became clear why the Frunze district prosecutor in St Petersburg had agreed to block access to the gazety.ru website – a letter by a woman reader entitled “I can teach you how to give a bribe”. Several other sites had reprinted the text, so the prosecutor demanded a block on access to these site as well: the advice section of www.daslife.ru, a social network for mature individuals; maxpark.com, a women’s community website; www.girls-only.org; the smart-phone portal www.7ba.ru; the business website bc1.ru; and a pregnancy-planning portal, babyplan.ru. The Frunze district prosecutor said that that the managers of these websites should face criminal responsibility “for their effects on the mind and will of the actor (cultivating an intention to commit a crime) in the form of advice, guidance, or providing information”.
Samara court moves against bribery advice
On 9 August it was reported that the Samarsky district court had approved six writs from the district prosecutor demanding blocks on access to websites providing information on how to commit crimes of corruption. The names of the websites in question were not reported.
Pyramid schemes shut down in Volgograd
On 12 August the Volgograd regional prosecutor said that the Tsentralny district prosecutor had served 44 writs in local courts against ISPs demanding blocks on access to websites advertising a pyramid scheme, the Group of Social Solidarity: the Knights (Gruppa sotsial’noi solidarnosti: Vitiazi).
Krasnodar prosecutor aims at anti-draft info
On 14 August the Krasnodar regional prosecutor said that the prosecutor of its central administrative district had served eight writs against ISPs to block access to websites hosting information on the ways to evade military service.
Samara prosecutor bars corruption sites
On 8 August the Samara regional prosecutor said that a district court in Samara had approved six writs from the district prosecutor blocking access to websites hosting information on how to commit corruption offences.
Gambling
Nyagan court orders ban
On 14 June it was reported that a court had approved a writ from the Nyagan town prosecutor demanding that the ISP Rostelecom block access to gambling websites.
Bryansk gambling sites blocked
On 19 June the Bryansk regional prosecutor said that the Soviet district court had approved a writ from the Fokinsky district prosecutor demanding that the ISP Mobilnye TeleSystemy block access to seven gambling websites.
Stavropol court demands block
On 21 June it was reported that the Leninsky district court had approved a writ from the Stavropol district prosecutor, demanding that ISPs block access to 80 sites involved in illegal gambling activities.
Pyramid-scheme sites targeted in Ulyanovsk
On 26 June it was reported that a court had approved a writ from the Leninsky district prosecutor demanding that the ISP ER-Telekom Holdingblock block access to six websites run by the MMM pyramid scheme.
Online casinos barred in Stavropol
On 27 June it was reported that the Leninsky district court had approved a writ from the Stavropol city prosecutor demanding that the ISP VimpelCom block access to 80 gambling websites.
Ivanovo prosecutor demands pyramid scheme ban
On 28 June the Ivanovo regional prosecutor said that the Teikovsky Inter-district prosecutor had served 20 court orders blocking the MMM and MMM-2012 pyramid scheme websites.
Samara gambling sites blocked
On 15 July the Samara regional prosecutor announced that the Kirovsky district court of Samara had approved five writs from the Samara district prosecutor demanding blocks on gambling websites.
Magadan bailiffs act against ISP
On 18 July it was announced that the Susumansky district bailiffs department had initiated enforcement proceedings against the ISP Hitek, which had been ordered to block subscribers’ access to the website www.win-win-casino.com within five days of a court decision coming into force. The ISP blocked access to the site.
Samara blocks 210 online casinos
On 19 August the Samara regional prosecutor said that the Oktyabrsky district court of Samara had approved 210 writs from the district prosecutor blocking access to gambling websites. Six additional writs are pending.
Casino ban bill introduced in State Duma
On 19 July a bill allowing blocks on access to online casinos was introduced in the State Duma. The initiative came from Moscow Duma deputies. The bill suggests “the decision with respect to information that allows to take part in gambling activities via telecommunication networks, such as the internet” as a basis for inclusion on the Register of Banned Websites.
Omsk bailiffs ordered in on ISP
On 21 August it was reported that the Leninsky district court in Omsk had asked bailiffs to enforce a court decision ordering an ISP to block access to online casinos. The ISP complied with the request within five days. The name of the ISP was not specified.
Moscow ISPs ordered to block casinos
On August 7 the Moscow city prosecutor reported that the Kuntsevskiy district court had approved a writ from the district prosecutor demanding that the ISPs Velnet, SITS and SmarTel block access to gambling websites.
Perm court institutes ban
On 1 August it was reported that the Leninsky district court of Perm had approved a writ from the Kosinski district prosecutor demanding that the regional branch of Rostelecom block access to the MMM- 2011 pyramid scheme website. The court’s decision has not yet entered into force.
Ulyanovsk court blocks online casino
On 8 July it was reported that the Ulyanovsk regional prosecutor had served a writ against the regional branch of Rostelecom demanding it block access to the gambling website slotico.com. The court approved the writ.
Arkhangelsk ISP accedes to demands
On 26 July it was reported that the ISP ATK had on the request of the city prosecutor blocked access to online casinos and the MMM- 2013 pyramid scheme website. The ISP acted before court approval of the prosecutor’s demand.
Explosives manufacturing
Chechnya prosecutor demands explosives ban
On 4 June the Chechnya Republic prosecutor was reported to have served writs against the ISPs Vainakh Telecom, Elektrosviaz, Chechenskaya Sotovaya Svyaz and Mig, the Caucasus branch of Megafon, and the local branches of VimpelCom and MTS, demanding that they block access to two websites featuring information on manufacturing explosives at home.
Samara court blocks explosives site
On 4 June the Kirov district court of Samara approved the district prosecutor’s writ blocking access to a website hosting information on manufacturing improvised explosive devices.
Pyatigorsk bans weapons information
On 22 June it was announced that the Pyatigorsk city court had approved a writ from the city prosecutor demanding that the ISP KMVtelekom block access to websites hosting information on manufacturing weapons.
Chechnya prosecutor moves against ISPs
On 24 June it was reported that the Chechnya prosecutor had served a writ in the Leninsky district court in Grozny against the ISPs Vainakh Telecom, Elektrosviaz, Chechenskaya Sotovaya Svyaz and Mig, the Caucasus branch of Megafon, and the local branches of VimpelCom and MTS, demanding a block on access to a website hosting information on manufacturing explosives.
Pyatigorsk court blocks arms websites
On 26 June it was announced that the Pyatigorsk city court had ordered the ISP KMVtelekom to block access to websites advertising the sale of weapons and providing information on manufacturing of explosives and weapons.
Chechnya prosecutor demands action on explosives info
On 25 June the Chechen Republic prosecutor said that the Gudermessky district prosecutor had served two writs against the ISP Gumsnet demanding that it block access to a website hosting information on manufacturing explosives.
Trans-Baikal prosecutor gives ISP ultimatum
On 28 June the Trans-Baikal regional prosecutor issued a writ against the ISP ChitaTechEnergo, demanding it block access to several websites hosting information on manufacturing explosives.
Explosives sites identified in Omsk
On 19 July it was reported that the Omsk central district prosecutor had served writs against the ISPs T-Service, Media Group and Kompleksnye Komputernye Sistemy demanding that they block three websites hosting information on ways to give a bribe and home manufacturing of explosives.
TransBaikal court blocks access to bomb website
On 7 August the Transbaikal regional prosecutor said that on August 7 the Chita central district court had approved a writ from the regional prosecutor demanding that the regional branch of the ISP Rostelecom block access to a website hosting information on manufacturing of explosives. The ISP had refused to comply voluntarily with the prosecutor’s demand.
Mordovia prosecutor seeks ban
On 30 July the Mordovia Republic prosecutor said that the Ruzaevsky inter-district prosecutor had served a writ against the ISP Rostelecom demanding it block access to two websites hosting information on manufacturing explosives.
Grozny court orders explosives block
On 9 July the Leninsky district court of Grozny approved six writs from the Chechnya Republic prosecutor demanding blocks on access to websites hosting information on improvised explosive devices.
Piracy
VKontakte deletes audio files
On 14 June it was reported that the administration of the social network VKontakte had started deleting its music content in anticipation of the anti-piracy bill being considered by the State Duma. Users who download audio files personally, rather than copying them from another person, received messages from the network administration demanding that they remove any material that infringed on copyright.
New copyright and piracy law comes into force
On 21 June the State Duma passed a new law on protection of copyright in film, television and video productions. Any website hosting allegedly illegal content can now be blocked without waiting for a court judgment if the owner of the site fails to remove the identified material after a warning from the regulator Roskomnadzor.
On 1 August the “anti-piracy” law entered into force. On the first day, the Moscow city court rejected three writs. Seichas, a media distribution company, demanded a block on access to five films found on the Turbofilm.tv and Rutor.org websites, and additional blocks on access to movies posted by users of the social network VKontakte.
The writs were rejected on the grounds that the applicants had failed to indicate the persons against whom they sought action and had not supplied other documentation.
Roscomnadzor opened a website for complaints about piracy, NAP.RKN.GOV.RU, on 1 August.
First entry appears on piracy register
On 22 August it was announced that Roscomnadzor had added the address of the torrent tracker Opensharing.org to its Register of Pirate Resources, stating that the owners of the site had “failed to remove within the stipulated statutory period the technical ability to download the following 10 films, the rights to which were claimed by the company Direktsiia Kino: Vysotsky; Spasibo; Chto Zhivoi; Diversant; Konets Voiny; Dve Sud’by; Novaia Zhizn; Desantura; Nikto Krome Nas; Admiral; Ischeznuvshie; Leto Volkov; Kanikuly Strogogo Rezhima; Liubov Pod Prikrytiem; and Podsadnoi.
Prosecutors demand block on gazety.ru in St Petersburg
On 23 August Fontanka.ru said that the St Petersburg city prosecutor had demanded a block on the online newspaper gazety.ru for publishing an article allegedly promoting corruption in 2009.
Another site added to piracy list
On 27 August it was announced that the state regulator Roscomnadzor had added rutor.org to the Register of Banned Websites. The website opensharing.org had previously been included on the register, then taken off the list after removing its illegal content, and then added again after it was established that its distribution of pirated materials had been resumed.
Moscow court bans sharing of online movies
On 13 August the Moscow city court upheld the claim of the company Direktsiia Kino demanding the termination of access to the following movies: Vysotsky; Spasibo; Chto Zhivoi; Diversant; Konets Voiny; Dve Sud’by; Novaia Zhizn; Desantura; Nikto Krome Nas; Admiral; Kanikuly Strogogo Rezhima; Liubov Pod Prikrytiem; Trudno Byt’ Macho; Podsadnoi; Belaia Noch; and Nezhnaia Noch. The defendant website was not identified.
On 31 August the Moscow city court handed down three decisions on appeals from Central Partnership Sales House. The court ordered termination of distribution online of pirated copies the films Legenda No 17 (the name of the film was misspelled in the text of the verdict), Legenda o Kruge, Marafon, Pyat’ Nevest, O Chem Molchat Devushki and Likvidatsiia on the sites rutor.org and nnm-club.ru.
Moscow court upholds copyright on TV series
On 8 August it was announced that the Moscow city court had upheld a request from the media distribution company Seichas for a block on access to the TV series Interny, Sasha, Tania, HB and Univer Novaia Obshaga. The court ordered the website rutor.org to block access to the series and the website Turbofilm.tv to block access to Komputershchiki TV series.
TV company demands block
On 15 August the Moscow city court upheld the claim of Pimanov and Partners against a website that had made three seasons of the series Aleksandrovsky Sad and Zhukov available online. The plaintiff demanded a block on access to the offending website. The unnamed site was given 15 days to confirm its right to distribute the material.
Moscow court bars pirate series
On 16 August it was announced that the Moscow city court had upheld a demand from the All-Russian State Television and Radio Broadcasting Company that the website rutor.org block access to the TV series Institut Blagorodnykh Devits.
Move against piracy approved
On 16 August the Moscow city court upheld four claims by media companies NTV-Profit and Novyi Disk-trei seeking to block internet access to the TV series Vor, Dve Luny Tri Solntsa, Umirat Legko, Mama, Russkii Bunt, Poklonnnik, Kliuchi ot Smerti, Den’ Rozhdeniya Burzhuia and Krutye Povoroty.
Court backs anti-piracy action
On 8 August it was reported that the Moscow city court had approved the media distribution company Seichas’s demand for a ban on the websites rutor.org and turbofilm.tv making available online the TV series Interny, Sasha, Tania, Univer Novaia Obshaga and The IT Crowd.
Education and public spaces
Saratov schools penalised over filters
On 10 June it was reported that the Turkovsky district prosecutor in Saratov had demanded that 10 schools improve their internet filtering to prevent students accessing extremist materials. Eighteen officials face disciplinary actions.
Novgorod prosecutor acts on explosives
On 21 June the Novgorod regional prosecutor said that the Batetsky district prosecutor had demanded that the chairman of the district’s education committee block access to websites hosting information on manufacturing explosives from the computers in Gorodnia village secondary school. Access to the offending websites has been blocked.
ISP blocks sites before court decision
After an inspection in March 2013 revealed that computers at Dubnenskaya and Voskresenskaya schools in the Dubnensky district in Tula provided access to online pornography and to the text of Hitler’s Mein Kampf, the Dubnensky district prosecutor demanded that access to these sites be blocked. On 25 June, the case was dismissed due to the fact that the ISP Rostelecom had blocked the websites prior to the start of the proceedings.
Chapaevsk school told to block websites
On 26 June it was announced that the Chapaevsk city court in Samara had approved the city prosecutor’s demand that the principal of School No 8 in Chapaevsk install content filters on its computers after the prosecutor found that students had access to extremist and pornographic websites and to the VKontakte and Odnoklassniki social networks.
Sverdlovsk schools warned on filtering
On 27 June the Sverdlovsk regional prosecutor said that the Chkalovsky district prosecutor had found that the computers of Yekaterinburg Gymnasium No 39 allowed access to extremist materials, despite being equipped with content filters. The school principal was issued a warning.
Yaroslavl prosecutor demands shield for children
On 28 June it was reported that the Kirov district prosecutor in Yaroslavl had demanded that schools No 42 and No 43 cease allowing access from their computers to websites hosting extremist and pornographic materials.
Stavropol students ‘must be protected’
On 18 July the Stavropol regional prosecutor said that the Budennovskaya inter-district prosecutor had issued eight demands that schools block access to websites hosting extremist materials, pornography and promotion of drug abuse. The schools have complied and the responsible parties face disciplinary charges.
Schools told to shield children from drugs
On 25 July it was reported that the Monastyrshchinsky district prosecutor in Nizhny Novgorod had served 12 court writs demanding that secondary schools block access to websites hosting recipes for making illegal drugs. All 12 writs were approved.
Chapaevsk limits access to gambling sites
On 25 July the Samara regional prosecutor said that the Leninsky district court in Samara had approved 16 writs from the Chapaevsk prosecutor demanding a block on access to websites that facilitate online gambling.
Novgorod blocks school computers
On 31 July the Novgorod regional prosecutor said that the Batetsky district prosecutor had demanded that the chairman of the district board of education block access to websites giving advice on bribery from school computers in the villages of Gorodnia and Batetsky. The sites were blocked.
Saratov prosecutor acts on ‘smoking blends’
On 2 August the Saratov regional prosecutor said that Aleksandrovo-Gaisky district prosecutor had demanded that the principal of Secondary School No 3 in the village of Aleksandrov-Gai block access websites with information on illegal drugs.
Gaming hall ‘allowed access to extremist material’
On 17 July the Volgograd regional prosecutor said that the Kamyshinsk city prosecutor had served a writ against the proprietor of the local gaming hall Ramdos, Tsereus, demanding a block on access to websites hosting extremist materials. The gaming hall has been shut down for breaches of fire regulations.
Belgorod ISPs face clampdown
On 29 August it was reported that the Belgorod regional office of the state regulator Roscomnadzor had reported the ISPs Rosinterkom, Svyazinform, Radius and Optiktelekom for failing to block access to materials on the Register of Banned Websites. The case will now go to the Belgorod arbitration court for consideration.
Kazan ISP warned of violations
On 22 August it was announced that Roscomnadzor office in the Tatarstan Republic had compiled a record of alleged failures by the ISP SKS-AiTiTelekom to block access to websites and pages included in the Register of Banned Websites.
Pornography
Porn site blocked in Mordovia
On 16 July the Mordovia Republic prosecutor said that the Ruzaevskaya inter-district prosecutor had served a writ against the Mordovian branch of Rostelecom, seeking to block access to a porn website. The Leninsky district court in Saransk endorsed the writ.
This article was originally posted at indexoncensorship.org on 1 Oct 2013
20 Sep 13 | News and features
(Photo illustration: Shutterstock)
Freedom of expression is protected by the German Constitution and basic laws. There is room for improvement, with Germany’s hate speech and libel laws being particularly severe.
Germany’s biggest limits on freedom of expression are due to its strict hate speech legislation which criminalises incitement to violence or hatred. Germany has particularly strict laws on the promotion or glorification of Nazism, or Holocaust denial with paragraph 130(3) of the German Criminal Code stipulating that those who ‘publicly or in an assembly approve, deny, or trivialise’ the Holocaust are liable to up to five years in prison or a fine. Hate speech also extends to insulting segments of the population or a national, racial or religious group, or one characterised by its ethnic customs.
Germany still has strict provisions in the criminal code providing penalties for defamation of the President, insulting the Federal Republic, its states, the flag, and the national anthem. However, in 2000, the Federal Constitutional Court stated that even harsh political criticism, however unjust, does not constitute insulting the Republic.
Freedom of religious expression is compromised through anti-blasphemy laws criminalising ‘offences related to religion and ideology’. Paragraph 166 of the Criminal Code prohibits defamation against ‘a church or other religious or ideological association within Germany, or their institutions or customs’. While very few people (just 10) have been convicted under the blasphemy legislation since 1969, the impact of hate speech legislation is seen more frequently, in particular in the prosecution of religious offences. In 2006, a pensioner in the state of North Rhine-Westphalia was given a 1-year suspended sentence for printing ‘The Koran, the Holy Koran’ on toilet paper, and sending it to 22 Mosques and Muslim community centres. In 2011, nine of the 18 operators of the far right online radio programme ‘Resistance Radio’ were given between 21 months and three years in prison for inciting hatred.
Germany has also seen heated debate over a widespread ban on religious symbols in public workplaces, especially affecting Muslim women who wear headscarves.
Half of Germany’s 16 states have, to various extents, banned teachers and civil servants from wearing religious symbols at work. Yet this is not applied equally to all religions; five states have made exceptions for Christian religious symbols.
Media freedom
Government and political interference in the media sector continues to raise concerns for media independence, with several incidents of interventions by politicians attempting to influence editorial policy. In 2009, chief editor of public service broadcaster ZDF, Nikolaus Brender saw his contract terminated by a board featuring several politicians from the ruling Christian Democratic Union. Reporters Without Borders labelled it a ‘blatant violation of the principle of independence of public broadcasters.’ In 2011, the editor of Bild, the country’s biggest newspaper, received a voicemail message from President Christian Wulff, who threatened ‘war’ on the tabloid which reported on unusual personal loan he received.
Media plurality is strong among regional newspapers though due to financial pressure, media plurality declined in 2009 and 2010. Germany has one of the most concentrated TV markets in Europe, with 82% of total TV advertising spend shared among just two main TV stations in Germany. This gives a significant amount of influence to just 2 broadcasters and the majority of Germans still receive their daily news from the television.
The legal framework for the media is generally positive with accessible public interest defences for journalists in the law of privacy and defamation. However, Germany still has criminal provisions in its defamation law, which although unused, remain in the penal code. Germany’s civil defamation law is medium to low cost in comparison with other European jurisdictions, places the burden of proof on the claimant (a protection to freedom of expression) and contains a responsible journalism defence, although not a broader public interest defence.
Digital
The digital sphere in Germany has remained relatively free with judicial oversight over content takedown, protections for online privacy and a high level of internet penetration (83% of Germans are online). Germany’s Federal Court of Justice has ruled that access to the internet is a basic right in modern society. Section 184b of the German Penal Code ‘states that it is a criminal offense to disseminate, publicly display, present or otherwise make accessible any pornographic material showing sexual activities performed by, on or in the presence of a child.’ Germany has also ratified and put into the law the Council of Europe’s Convention on Cyber Crimes from 2001. Mobile operators also signed up to a Code of Conduct in 2005, which includes a commitment to a dual system of identification and authentication to protect children from harmful content. This was reaffirmed and made binding in 2007.
There are concerns over the increased use of surveillance of online communications, especially since a new antiterrorism law took effect in 2009.
In 2011, German authorities acquired the license for a type of spyware called FinSpy, produced by the British Gamma Group. This spyware can bypass anti-virus software and can extract data from the device it is targeting. Two reports by the German Parliamentary Control Panel, from 2009 and 2010, stated that several German intelligence units had monitored emails with the amount of surveillance increasing from 7 million pieces items in 2009 to 37 million in 2010. However, Germany’s Constitutional Court ruled in February that intelligence agencies are only allowed to collect data secretly from suspects’ computers if there is evidence that human lives or state property are in danger and the authorities must get a court order before they secretly upload spyware to a suspect’s computer.
Germany’s tough hate speech legislation also chills free speech online. In January 2012, Twitter adopted a new global policy allowing the company to delete tweets if countries request it, meaning that tweets become subject to Germany’s hate speech laws. The latest Twitter transparency report states that German government agencies asked for just 2 items to be removed. In October 2012, Twitter also blocked the account of a far-right group, Better Hannover, after a police investigation.
Artistic freedom
Artists can work relatively freely in Germany. Freedom of expression in arts is protected under the Constitution, and is largely respected, especially for satire or comedy. Yet, the freedom of expression of artists is chilled through strict hate speech and blasphemy laws.
The German authorities very rarely use blasphemy laws against artists. However, there have been several examples of art being subjected to censorship due to religious offence. In 2012, at the exhibition ‘Caricatura VI – The Comic Art – analog, digital, international’ in Kassel, a cartoon created by cartoonist Mario Lars was removed after protests that it offended religious sensibilities.
There is persistent sensitivity around artistic works depicting the Nazi period. In April 2013, the German version of an Icelandic author’s book was ‘censored’ by its publisher, who cut 30 chapters from Hallgrímur Helga’s novel, ‘The woman at 1000°’. Key passages about Hitler, concentration camps and SS were censored to fit the German market.
