Some social network users do not limit themselves in vocabulary and use obscene language. Are they breaking the law or not? I mean cases when there is no goal to offend someone with obscene language and such language is used simply for the emotionality of the text, and not in relation to someone personally.
Answer
A ban on the use of obscene language on the Internet is provided for bloggers. A blogger is recognized as the owner of a website and (or) a website page on the Internet on which publicly available information is posted and which is accessed during the day by more than three thousand Internet users (Part 1, Article 10.2 of the Federal Law of July 27, 2006 No. 149-FZ “ On information, information technologies and information protection").
Bloggers are subject to special requirements, and, among other things, they are obliged to not allow the use of the site or site page to distribute materials containing obscene language (Clause 1, Part 1, Article 10.2 of Law No. 149-FZ).
Strangely enough, there are no rules prohibiting the use of obscene language in the Internet space as a whole. There is a ban on the use of obscene language, for example, in media products, during public performances of works of literature, art, and folk art (Federal Law of June 1, 2005 No. 53-FZ “On the State Language of the Russian Federation”).
Obscene language in public places is qualified as petty hooliganism (Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation), however, the Internet and social networks in particular are not considered “public places”. At least, cases of prosecution under this article for swearing on the Internet are not yet common in practice.
At the same time, the administration of social networking sites always establishes its own rules of conduct that are mandatory for network users, and, as a rule, they contain a ban on the use of obscene language (especially since the owner of a social networking site is recognized as a blogger, and therefore is obliged to ensure the absence of obscene language). swearing all over the site).
In general, swearing is indecent. But what if you really want to? What if this is the hero’s direct speech? Lawyers from the Center for the Protection of Media Rights explain the intricacies of swearing legislation.
Is it possible to use obscene language on a website (blog)?
If a site or blog is not registered as a media outlet, then swearing or not swearing is your personal choice. But if the resource is a registered media outlet, then obscene language on it is prohibited anywhere.
Moreover, it does not matter at all where the obscene word appears: in the main text, in the picture, in the videos that you inserted onto the page from YouTube, in the comments. You cannot even post a hyperlink that leads to content with obscenities.
What words are considered obscene language?
There is no single list of words that would be recognized as “obscene language”. Linguists believe that these are five words denoting the male genital organ (x...), the female genital organ (p..., m...), prostitute (b...) and copulation (e...), which corresponds to the dictionaries of the Russian language and swear words.
There is an official interpretation by Roskomnadzor, from which it follows that this is not just about abusive language, but about obscenities. The Roskomnadzor recommendations mention four words and state that: “obscene words and expressions include four well-known words, as well as words and expressions derived from them.”
Linguists clarify that we are talking directly about the use of these words and any words of the same root derived from them. We would recommend sticking to the list given by expert linguists, since if anything happens, they will be the ones who will evaluate the vocabulary used.
Formally, it is not prohibited to replace part of a word with asterisks or “beep” in a video. But this is not a reliable defense if, as a result of replacing part of a word with asterisks, the word still remains guessable from the context.
In the case of masking obscene words, it is necessary to look at how clearly it can be guessed from the context of the phrase. For example, you publish a poem that contains an obscene word with a changed letter, but at the same time, based on the rhyme of the verse, you can accurately determine that this is an obscene word. Such disguise is insufficient and may still be considered a violation. It is better to skip this word altogether and not leave the initial letter.
The use of euphemisms (words similar in sound that replace well-known curse words (damn, kick, scribe, etc.) is formally not a violation. In this regard, Roskomnadzor wrote in official recommendations that this can be considered “as an attempt to comply with the law.”
What will be the violation?
If obscene language appears in blogs, in comments to texts, in materials linked to hyperlinks posted on the website of an online publication, this word should be removed (“beeped”). Otherwise, if Roskomnadzor detects it, the editorial office risks receiving a warning under Art. 4 of the Law on Mass Media. And for two such warnings within 12 months, the media outlet is closed by court order.
In addition, there will be an administrative fine. For an author it is 2–3 thousand rubles, for an editor (official) - 5–20 thousand rubles, for a legal entity (editorial office) - 20–200 thousand rubles.
Is the media to blame for spreading profanity? Study site
The Law “On Administrative Liability for the Production or Distribution of Mass Media Products Containing Obscene Language” was quickly adopted in three readings by the State Duma, approved by the Federation Council on March 27, 2013, and signed by the President of the Russian Federation on April 8. According to the new act, the fine for citizens will be from 2 thousand to 3 thousand rubles, for officials - from 5 thousand to 20 thousand rubles, for legal entities - from 20 thousand to 200 thousand rubles. The subject of the administrative offense itself is subject to confiscation. As one of the authors of the bill, Sergei Zheleznyak, explained, in the case of print media we will be talking about confiscation of the publication's circulation. In the case of online media, the storage media is supposed to be confiscated.
Are there any reasons for such high fines, what is the situation with profanity in publications of metropolitan and regional publications, and who exactly should be held responsible for the dissemination of “obscene language” was studied by the company website using its own media search and media analysis system.
The search phrases used in the study were the most popular taboo forms of four words denoting: women of easy virtue, male and female reproductive organs, and obscene denotation of an act of love. Publications were taken into account for the period from January 2010 to April 2013 from the site’s collections (more than 4,600 newspapers, magazines, news agencies and online media).
What is written with a pen...
In 2010-2013, the listed obscene expressions were most often found on the pages of the Kommersant-Vlast magazine (17 publications), the Novaya Gazeta newspaper (10 publications) and the Kommersant-Weekend application (9 publications). In general, the mention of swear words in the traditional press is very low, even among the leader of the rating, Kommersant-Vlast magazine - on average, only every 10 issue of this weekly would be withdrawn in accordance with the letter of the new law.
Among online media, the leadership in the use of profanity in published materials over the past 3 years is held by: Openspace.ru - 150 publications (closed in February 2013), Chaskor.ru - 67 publications and Grani.ru - 65 publications. The characteristic features of online journalism make these figures an order of magnitude higher compared to the traditional print press. However, according to experts, the main breeding ground for unparliamentary expressions now are social networks, Twitter and the blogosphere. However, as follows from the law, only those resources that are officially registered as media will be liable for obscenity.
“Notice! I didn’t suggest this..."
Profanity often “sounds” in excerpts of literary works published by the media, both classics and modern authors (Barkov, Pushkin, Mayakovsky, Sorokin, Shnurov, Aleshkovsky, Letov, etc.), fragments of theatrical dialogues or historical documents (for example , XV century). Contemporary art and the protest movement also cannot do without “strong expressions”; media materials quote obscene names of art objects, art installations and flash mobs, slogans of protest events and civil actions. Separately, it is necessary to note the author's materials in the press about places of detention, where the abundant use of profanity serves to illustrate the peculiarities of the world order.
However, the most often taboo lexical forms are found in the media directly in the direct speech of respondents, including deputies, ministers, and officials. Politicians and parliamentarians do not hesitate to use profanity on their own blogs, Twitter, “with the button turned off,” and sometimes official events do not stop them. Over the past 10 years, the leader of the LDPR faction has publicly shown off his knowledge of profanity Vladimir Zhirinovsky(repeatedly), State Duma deputy from the LDPR (at the time the phrase was uttered) Sergey Abeltsev, Speaker of the State Duma Sergey Naryshkin, opposition MP Gennady Gudkov, United Russia Alexander Khinshtein, Deputy Prime Minister of the Russian Federation Dmitry Rogozin, Presidential Envoy to the North Caucasus Federal District Alexander Khloponin and even a deacon Andrey Kuraev. In 2013, the Vice-Speaker of the Legislative Assembly of St. Petersburg, United Russia, also managed to use unparliamentary expressions Sergey Andenko, Minister of Education and Science of the Russian Federation Dmitry Livanov, head of the Ural regional center of the Ministry of Emergency Situations Yuri Naryshkin. It should be noted that in the vast majority of incidental cases, the media soften or “beep” the “strong word” that comes out, taking care of the morality of the reader and the reputation of the authorities.
Meanwhile, in the history of confrontation between the media and officials based on the use of profanity, there is a reverse example - in 2000, the editor of the Arsenyevskie Vesti newspaper, Irina Grebneva, was sent to jail for five days on charges of hooliganism. The district court punished her for publishing telephone conversations of officials who actively used profanity. This way of communicating with the media is fully consistent with the opinion of V. Zhirinovsky, expressed back in 2003 regarding the scandal with his own obscene speech: “...not everything can be described in beautiful Russian words. The journalists who filmed secretly should be ashamed..." - the leader of the LDPR was still indignant at that time.
In general, in 2010-2013. the most striking “obscene” mark on the pages of the media was left by:
- art group “War” with the well-known scandalous event “X** in captivity of the FSB”, held in St. Petersburg on June 14, 2010;
- a photograph of an election ballot with an obscene expression addressed to the country's leaders, for the publication of which in 2011 the heads of top managers of the Kommersant-Vlast magazine flew;
- Ensign Boyko with pearl beads on his arm, who became famous for his unprintable addresses to protesters in July 2010;
- the scandalous action of the group Pussy Riot (2012), which caused a flurry of materials in the media, with obscene interpretations of the group’s name and unflattering reviews of its members;
- colorful quotes from the blogs of officials, deputies, as well as famous bloggers Artemy Lebedev and Olga Romanova, repeatedly quoted in the media;
- the law “On the protection of children from information harmful to their health and development” (came into force in September 2012) and lists of taboo vocabulary published in the media that can no longer be heard or must be “beeped” on the air;
- and, finally, the “Law on Mat” itself, the response to which was a whole series of philological materials about the history of the origin of “swear words” and collections of quotes from public figures with obscene language.
Even a cursory analysis of publications makes it clear that the law on punishing the media for using obscenities is clearly an excessive measure - the vast majority of the media already avoid obscene language. Most likely, another meaningless decree has been adopted, similar to the law “On the Protection of Children from Information...”, where the real fight against dangerous content was limited to graphic icons with the + sign.
Russian legislators are closely involved in protecting the population from profanity. On July 1, amendments to the law “On the State Language” came into force, prohibiting obscene language during public speeches, as well as in public works. In addition, from August 1, popular bloggers are practically considered equal to the media, which means that they are subject to a ban on the use of obscenities.
The Village, together with lawyer Daniil Alimov (“Simploer”), figured out where and to whom it is still possible to swear.
On the street
The law does not prohibit a person from swearing on the street. However, there are a number of situations where this may be considered a violation. For example, as petty hooliganism.
If you, by swearing, violate public order and express clear disrespect for society, you may be fined up to a thousand rubles. And if you do not obey when the police officer asks you to stop this rampage, the amount will increase by 2.5 times. An administrative arrest of up to 15 days is also provided.
The use of obscene language can be regarded as an insult, that is, humiliation of honor and dignity, expressed in an indecent form. This can result in a fine of up to three thousand rubles, and if you express your opinion publicly, in a crowd of people, then up to five thousand rubles.
There is also criminal liability for libel, but this applies more to serious businessmen and companies. At this level, swear words are no longer so used.
Subjects of Russia can resolve this issue on their own, but it must be taken into account that federal law will always have priority. It is unlikely that it will be possible to establish and collect a fine higher than that provided for by the Code of Administrative Offenses (CAO). By the way, neither in Moscow nor in St. Petersburg do regional laws specifically raise this issue.
In blogs
From August 1, popular bloggers will have responsibilities related to the media. In this regard, the expressions are worth keeping an eye on. The law has a sticky wording: bloggers “are obliged to comply with the prohibitions and restrictions provided for by the legislation on the procedure for disseminating mass information.” It can be interpreted widely to the point of infinity and any limitation or type of liability can be brought in. For example, the law on mass media calls swearing an abuse of freedom of mass information, while according to the Code of Administrative Offences, it is a violation of the procedure for the production or distribution of media products. Liability - up to 200 thousand rubles. However, a specific article dedicated to terrible punishments for bloggers is not yet in the laws.
In order to speak out more strongly, you can use your unpopular blog, the main thing is that you have less than three thousand readers and less than three thousand people visited your post. And in any case, this should not offend anyone.
Mat price
IN A PUBLIC PLACE
rubles fine
days arrest
rubles fine
days arrest
AT A MASS EVENT
You viewer/performer/actor
and so on
Expressed clear disrespect for society
rubles fine
days arrest
And in addition, he did not obey the demands of the government representative
rubles fine
days arrest
You organizer events that are nothing
did not express
but he allowed
For the first time
for CITIZEN
2 000–
2 500
rubles fine
For the company
40 000–
50 000
rubles fine
for an official
4 000–
5 000
rubles fine
I could not resist
and violated again
for CITIZEN
2 000–
5 000
rubles fine
for OFFICIAL
5 000–
20 000
rubles fine
months disqualification
For the company
50 000–
100 000
rubles fine
for ENTREPRENEUR
5 000–
20 000
rubles fine
day suspension of activities
ON THE BLOG
so far only moral responsibility
and public censure
PERSONAL INSANE
Privately
for CITIZEN
1 000–
3 000
rubles fine
for an official
10 000–
30 000
rubles fine
For the company
50 000–
100 000
rubles fine
Publicly
for CITIZEN
3 000–
5 000
rubles fine
for OFFICIAL
30 000–
50 000
rubles fine
For the company
100 000–
500 000
rubles fine
I DID NOT INSULT ANYONE
BUT ALLOWED IT
in public works / in the media
insulter - official
10 000–
30 000
rubles fine
the offender is a legal entity
30 000–
50 000
rubles fine
In the media - only asterisks
The Law on Media and the Code of Administrative Offenses previously contained a ban on bad words. And from July 1, another rule was added to it. Now the media use Russian “as the state language” (3 laws “On the state language of the Russian Federation”). This wording means that in the media it is prohibited to use words that do not correspond to the norms of the modern Russian literary language, including obscene language. The Ministry of Education and Science has approved a list of dictionaries and reference books containing the norms of the modern Russian literary language.
Roskomnadzor gave a couple of clarifications regarding the masking of obscene words. When using “*” instead of several letters, the law will not be violated if the disguise is used to quote or place works in which swearing is an integral part of the artistic intent. And even in this case, Roskomnadzor will evaluate how clearly an obscene word can be established in the context of the phrase, and decide whether it is worth fining the media.
Beeping live is a responsibility that the media cannot always cope with, and Roskomnadzor is in the position of the editorial staff. The journalist will not bear responsibility for his guests. At least, the government agency thought so before, before the law banning swearing came into force. And although the responsibility under the Code of Administrative Offenses has not changed, the course of the law enforcement officer may change. We will monitor the practice.
The media must be very careful with swearing; liability may even include suspension or revocation of the license, but there has not yet been the practice of using such draconian measures.
What is considered swearing?
There are four main obscene words in the Russian language. Derivatives from them are also considered obscene. We provide definitions from the Russian Mat dictionary.
X**- male penis.
B****- slutty woman; bad, corrupt person; dirty word.
E****- use women, have sex; scold; pester; swear, swear; spit.
P****- vagina, female genital organ; fool, stupid woman, open-hearted; walking woman.
For artists - within the framework of the plot
From July 1, fines have been introduced for organizers of theatrical, cultural or entertainment events for using obscene language on stage. An artist is unlikely to be held accountable if a strong word was part of the work being performed, but if the swearing was improvised, punishment is possible. The fine for a citizen organizer will be 2.5 thousand rubles, for officials - up to 5 thousand, and for legal entities - up to 50 thousand rubles. If you swear several times in a row, you can run into administrative suspension of your activities.
People often ask whether it is possible to ask visitors to sign a document at the entrance to public events stating that they are not against using swear words from the stage. Even if people don’t mind, this, unfortunately, will not save the organizers from responsibility. The law in this regard is adamant; punishment is provided for the very fact of the presence of obscenities, even when it is heard not by modest schoolgirls, but by trained spectators.
But in theory, spectator consent could help reduce the fine if it is considered a mitigating factor. No one has tested this in practice yet.
In general, developed countries have similar bans, but they are more compromised. Often, event organizers are required to provide notice that obscene language may be heard at events or CDs. And the viewer himself decides whether to pay for this disgrace or not.
In a foreign language
Current bans may provide additional incentive to learn new languages, since laws do not prohibit obscene language in foreign languages.
Russian President Vladimir Putin signed a law banning the use of obscenities in the media. From now on, for obscene language in the media, legal entities can be fined in the amount of 20 to 200 thousand rubles, officials - from 5 to 20 thousand, individuals - from 2 to 3 thousand rubles.
The law applies not only to print media and online publications, but also to television. The corresponding decree was published on the Kremlin website. “The law was adopted in order to establish administrative liability for the production and distribution of media products containing obscene language,” the press service explained.
Now the list of prohibitions in Part 1 of Article 4 of the Law of the Russian Federation “On the Mass Media” has been supplemented with the words “and materials containing obscene language.” And Article 13.21 of the Code of Administrative Offenses “Violation of the procedure for manufacturing or distributing mass media products” was supplemented with Part 3 with a new offense.
This article establishes administrative liability for citizens, officials and legal entities for the production or distribution of media products containing obscene language.
The law was adopted on the initiative of the Duma vice-speaker, United Russia deputy Sergei Zheleznyak, and was positioned as a way to protect minors from uncultured speech. For the sake of eradicating swearing in the media space, deputies are ready to fine even for a “beeped” obscene word. “If in a three-letter word you remove the central letter and replace it with an asterisk, this does not mean that no one will understand what you have written,” Zheleznyak explained. True, the deputies did not define a list of prohibited words and expressions, which calls into question the legal basis of the bill. The State Duma explained that in cases where it is difficult to determine whether the media should be held accountable, experts will be involved in the assessment.
Who will be responsible for the abuse?
According to lawyer Igor Trunov, if a guest uses profanity on a TV show, both the speaker and the TV channel will bear responsibility for this, since one violated the law and the other disseminated it. The main obstacle of the bill is what is considered swearing, since there is not a word about this in the law, the expert says. “Among the classic works of art by Leo Tolstoy there is quite a large amount of obscene language, and this is the number one classic of fiction. Among the fundamental writers there are quite a lot of those who used obscene language,” the expert gives an example of the imperfection of the law banning swearing in the media.
“The officials who make decisions will determine who is a violator and who is not,” which, according to the lawyer, violates the equality before the law of all citizens. According to him, this law acts as a whip in the hands of the official responsible for its implementation, placed along the vertical line of power, and its legal uncertainty provides the opportunity to “whip” almost everyone with this law.
According to Irina Khakamada, the State Duma’s initiative will not in any way affect the cultural level of the younger generation. “Those who continuously use profanity on the street do not read the printed media,” says the politician. “We achieve nothing by this; obscenities are not used in the media anyway.” Irina Khakamada called the Duma's initiative "a decoration demonstrating the useless will of deputies to create a conservative new culture, for which they care and where everything is prohibited."
“This is a kind of tradition, you can treat it harshly, or you can treat it with knowledge of the historical traditions of the Russian people. I belong to the latter,” Boris Nemtsov comments on the use of obscene language. At the same time, he declared his readiness to use normative language and follow the letter of the law, “although this is not always pleasant.” Boris Nemtsov also assured that he never uses abuse in public conversations, allowing himself to do so only in a telephone conversation.