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Expert opinion of Law Bureau Omega: Trash-streamers are to be held accountable to the maximum extent possible

A new draft law on introducing tougher penalties for the conducting of "trash streams" or online translations that demonstrate cruel and illegal actions is being considered. That draft law proposes amendments to the Federal law "On Information, IT and protection of Information", Federal Law "On Child Protection from the Harmful Information", as well as to the Criminal Code and the Code of Administrative Offenses.

In particular, it is proposed to introduce fines of up to 700 thousand rubles for the distribution of such broadcasts in the Internet with the confiscation of used equipment . A number of articles of the Criminal Code is being followed by aggravating circumstances and qualifying criteria.

Additionally, it is proposed to amend 149 Federal Law and oblige the owners of social networks to identify and block such content. Trash stream materials will be included in a unified register of domain names, page indexes of Internet sites and network addresses that allow Internet sites identification containing information prohibited in the Russian Federation.

Experts of the Legal Bureau Omega believe that currently the issue of legal responsibility for trash streams is fragmented in the Code of Administrative Offenses and the Criminal Code. At present, the issue of assessing the actions of viewers who may be instigators of a crime, provoking the streamer to carry out illegal actions, has not yet been resolved.

In such streams you can find signs of crimes, in particular, containing in Art. 5.61 Code of Administrative Offenses (insult); Art. 6.1.1 Code of Administrative Offenses and 116 Criminal Code (beatings); Art. 110 of the Criminal Code (incitement to suicide) Art. 117 (torture), art. 205.2 of the Criminal Code (public calls for terrorist activities), Art. 280 of the Criminal Code (public calls for extremist activities), Art. 280.4 of the Criminal Code (public calls for activities directed against state security) and others.

However, such measures are often not enough, as it is necessary to contact law enforcement agencies, and victims are not always ready for this or don't want to attract public attention. But the absence of a statement does not always lead to the fact that the case won't be initiated. If the prosecutor's office becomes interested in the stream, it uses its supervisory powers and initiates an appropriate inspection.

Trash-streamers cause a great resonance in society, therefore streamers take advantage of this, believing that they're acting correctly in order to get more views. At the same time, trash-streamers can be held accountable. For example, for the stream where a girl was kicked out in the cold and froze to death, a streamer was found guilty under Part 4 of Art. 111 of the Criminal Code. For another example, for the stream when a homeless man was given alcohol and ssubsequently died a streamer was punished under Part 1 of Art. 109 of the Criminal Code.

New measures will significantly strengthen the ability to respond to trash streams and lead to a more meaningful understanding of responsibility for such illegal content.

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