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Sources of law. The main sources of law in this area include:

a) norms of the Constitution of the Russian Federation - Art. 13 (part 5), 17 (part 3), 19 (part 2, 3), 21, 23 (part 1), 29 (part 2), 55 (part 3); Decree Supreme Council

RSFSR of November 22, 1991 No. 1920-1 "On the Declaration of the Rights and Freedoms of Man and Citizen" (Article 4),

b) the norms of laws - the Criminal Code of the Russian Federation of June 13, 1996 No. 63-F3 (Art. 105.2l, 106, 107, 111. .2e, 112, 113, 117.2z, 129, 130, 135,140, ​​150, 151, 159 163.1 165 170 176 179 182 185 186 187 189.195 197 198 199 200 207 212.3 214 230 233 235 237 238 23 242 244.26 273 280 282 292 297 298 302 303 306 307 309.319

Federal Constitutional Law of October 10, 1995 No. 2-FKZ "On the Referendum of the Russian Federation" (Article 30),

Fundamentals of the legislation of the Russian Federation on culture dated October 9, 1992 No. 3612-1 (as amended federal law dated 06/23/99 N 115-FZ, Art. 31),

USSR Law No. 5152-X of June 24, 1981 (as amended by Federal Laws No. 82-FZ of May 19, 1995, No. I4-FZ of August 15, 1996) "On the Legal Status of Foreign Citizens in the USSR" (Article 16) ,

Law of the Russian Federation of December 27, 1991 No. 2124-1 (as amended by the Federal Laws of January 13, 1995 No. 6-FZ 211-FZ) "On funds mass media"(v. 4),

Federal Laws No. 138-FZ of November 26, 1996 (as amended by Federal Law No. 85-FZ of June 22, 1998) "On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to bodies local government"(Art. 28), dated September 19, 1997 No. 124-FZ (as amended by Federal Law No. 55-FZ dated March 30, 1999) "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (Art. 45), dated July 24, 1998 No. 124-FZ (as amended by Federal Law dated July 20, 2000 No. 103-FZ) "On Basic Guarantees of the Rights of the Child in the Russian Federation" (Art. 14), dated June 24, 1999 No. 121-FZ (as amended by the Federal

Law of April 12, 2001 No. 35-FZ) "On the election of deputies of the State Duma Federal Assembly Russian Federation"(Article 60); dated December 31, 1999 No. 228-FZ "On the election of the President of the Russian Federation" (Article 53), dated July 11, 2001 No. 95-FZ "On political parties" (Article 9) and etc.;

c) by-laws legal acts- Decrees of the President of the Russian Federation of May 25, 1992 No. 524 "On the procedure for organizing and holding rallies, street processions, demonstrations and

picketing", dated October 29, 1993 No. 1797 "On approval of the main provisions on elections to local governments", dated September 21, 1993 No. 1400 (as amended by Decrees of the President of the Russian Federation dated 01.10.93 No. 1557, dated 11.10.93 No. 1625, dated December 24, 1993 No. 2288) "On the phased constitutional reform in the Russian Federation", dated September 9, 2000 No. Pr-1895 "On the approval of the Doctrine information security RF",

Decree of the Council of Ministers of the RSFSR of April 17, 1991 No. 211 (as amended by Decree of the Government of the Russian Federation of 08.06.93 No. 542) "On the regulation of publishing activities in the RSFSR", Decree of the Government of the Russian Federation of June 26, 1995 No. 609 "On approval Regulations on the basics of economic activity and financing of organizations of culture and art", dated October 11, 1994 No. 1158 "On the procedure for accounting, storage and use of color copying facilities in the Russian Federation", etc.,

Order of the GUGTK of the USSR of August 18, 1989 No. 137 (as amended by the Orders of the GUGTK of the USSR of 12.12.1990 No. 314, the State Customs Committee of the Russian Federation of 07.28.1992 No. 283, of 02.14.1994 No. 60, of 04.25.1994 No. 162, of 21.11 .1995 No. 698, dated November 10, 1997 No. 668, dated September 22, 2000 No. 863) "On approval of the Regulations on the procedure for passing and declaring goods and property across the state border", Order of the State Customs Committee of the Russian Federation dated January 25, 1999 No. 38 (as amended by Order of the State Customs Committee of the Russian Federation of July 26, 2000 No. 633) "On approval of the Instructions for customs clearance and customs control of goods transported across the customs border of the Russian Federation by individuals and not intended for production or other commercial activities", etc.;

d) international treaties and agreements - the International Covenant on Civil and Political Rights of December 16, 1966 (Art. 19, p. 3.20), etc.;

e) judicial practice - Resolution of the Constitutional Court of the Russian Federation of April 27, 1998 No. 12-P, etc.

A special place among the objects of protection in the information security system is occupied by protection from the impact of "harmful" (malicious) information.

Unlike other cases, when the state must create conditions for the realization of the right of citizens to access information or protect information of limited access, here it must create conditions for protecting the individual and society from the harmful influence of a certain kind of information. V

In this case, the information is not a secret, but its dissemination can cause certain harm to the interests and rights of a person, society and the state.

Questions of influence on the consciousness (subconscious) of a person have long worried people in many countries of the world. New information technologies, mass media have greatly increased the possibilities of mental influence on a person, large groups of people and the population of the country as a whole.

At the same time, according to scientists of the Russian Academy of Sciences, "personal and social problems that a person is not able to cope with, push him to sorcerers and healers. Belief in astral forces relieves one of responsibility, allows one to justify one's own mistakes and failures." Due to the extreme urgency of such a threat, in 1975, 186 leading scientists of the world (including 18 Nobel laureates) issued a public warning about such a danger, and in 1998, 32 well-known Russian scientists published a statement "Science stigmatizes pseudoscience." In this statement , in particular it is said that "the enthusiasm for the" occult sciences "overwhelms society. At the same time, adherents " secret knowledge"appeal to the facts of science, borrowing terminology and scientific methods from them. Not without the help of this, astrology, for example, becomes a means of influencing the political and economic decisions of people, shamelessly intrudes into their personal lives. All this is facilitated by playing on human weaknesses, the mass media information".

In this case, the main means of achieving such goals are the media, educational systems and religious formations, and adolescents and young people are most susceptible to such influence. Leaving outside the scope of this topic the results of the positive impact and the progress that the new information revolution brings for us, let's focus on its negative aspects. Let us give several examples of the "effectiveness" of such an impact with a "minus" sign.

At present, there are several dozen types of destructive sects in the Russian Federation, such as the "White Brotherhood" and "Aum Shinrikyo",

in almost all regions of the country. - According to some estimates, from 3 to 5 million people are involved in various new cult formations, of which up to 70% are young people, incl. about 1 million are students, one in four of whom dropped out of school. Up to 250 thousand families were destroyed in this way. All this is the result of people falling into dependence with a change in their behavioral reactions in this kind of sects.-

Such well-known facts became the result of such dependence: the burning of 88 adherents of David Koresh in Waco (USA - 1993), the poisoning of 914 people in the Jones sect (Guyana, 1994), the burning of 53 adherents of the Temple of the Sun in Switzerland and Canada (1994) , self-immolation of 600 people (Uganda, March 2000), suicide under the influence of the "spiritual cultivation system" of 1660 so-called "practitioners of the Falun Gong spiritual revival movement" (China).

The well-known results of manipulation of mass consciousness through covert programming embedded in advertising ("25th frame"), when a person does something beyond his original will and desire.

In 1997, about 700 Japanese people were hospitalized with signs of epilepsy after watching a "computer cartoon", that is, the result was harm to health. To this we can add daily announcements in federal and local newspapers such as "I will bring damage" and "I will remove the evil eye" of numerous shamans, sorcerers, magicians, etc., where, along with ordinary fraud, cases of harm to health are not uncommon.

The cult of cruelty, violence, pornography, promoted in the media, printed publications of unlimited sale, as well as in

computer games, etc., leads to an sometimes unconscious desire in adolescents and young people to imitate this, contributes to the consolidation of such stereotypes of behavior in their own habits and lifestyle, reduces the level of threshold restrictions and

legal prohibitions, which, along with other conditions, opens the way for many of them to

offences.-

Numerous public committees, including parental committees, for protection against such impact that exist today in the Russian Federation, a large number of citizens' appeals to state authorities with requests to verify such facts and protect the population from harmful effects special means for their psyche - all this also indicates a serious lag of the state from the practice of public relations in this area. The participation of the state in the legal regulation of these processes is long overdue.-

This is also indicated by examples of active research in this area carried out abroad. For example, in the United States since the 50s. For centuries, methods and means of special influence on the psyche have been intensively developed. From the 70s. research programs are conducted in the best laboratories of universities around the world: the USA, Germany, Austria, France, Italy, Japan, Israel, China, etc. The means of destruction - the impact on people and their psyche are distinguished depending on the purpose of their use in psychological warfare. These goals include:

distorting the information received by the political leadership, command and personnel of the enemy's armed forces and imposing on them false or meaningless information that deprives them of the ability to correctly perceive events or the current situation and make correct decisions;

psychological treatment of troops and population;

ideological sabotage and misinformation;

maintaining a favorable public opinion;

organizing mass demonstrations under false slogans;

propaganda and dissemination of false rumors;

changing and managing individual and collective behavior.

Along with the use of traditional media (printed and electronic means mass media), special means of influencing a person are being actively developed and tested, both with the help of the mass media and through computer networks: means of information-psychological (psychophysical) influence (including within the framework of the MK-Ultra programs - ultrabrain control, MK- Delta -

remote change in human behavior, Bluebird, Artichoke). Among such developments already in use are holographic images in space, virus No. 666 (gives out a special color combination on the computer screen that causes an altered state of the human psyche, up to blocking the brain vessels of the computer operator).

Based on the generalized results of such exposure, the following definition of harmful information is proposed.

Harmful information is information that is not confidential, but necessitates the protection and protection of the rights and legitimate interests of the individual, society and the state due to the possible harm that its distribution (use) will cause to these subjects.

The constitutional basis for the restriction information rights in this case, it is the protection of the foundations of the constitutional order of the state, the morality of society and the health of others.

For these reasons, five main categories of information can be conditionally classified as "harmful" information:

1) information aimed at inciting hatred, enmity and violence (including inciting social, racial, national or religious hatred, enmity, superiority, discord, intolerance; information containing calls for war);

2) false information (including unfair, unreliable, deliberately false advertising); 3)

information containing attacks on the honor, good name and business reputation of other persons; 4)

obscene information (including pornography, unethical advertising); 5)

information that has a destructive effect on people's health (including advertising with hidden inserts).-

Considering that certain categories of this information were partially considered when studying other topics of the course (for example, questions about information containing attacks on honor, good

the name and goodwill of others are dealt with in the chapter on privacy; issues of protection against false information and information that incites hatred, enmity, superiority - in the chapter on the media), in this chapter we will dwell only briefly on the characteristics of this kind of information, paying more attention to the legal characteristics of other objects in the structure of harmful information.

The least developed in this area remains the issue of protection and protection from destructive effects on a person from other people with parapsychological abilities, occult organizations, as well as other persons using hidden programming of information sources, generators of physical fields and radiation, computer programs and other psychotechnologies - .

Information aimed at inciting hatred, enmity and violence.

Mandatory features of such information are:

the presence of direct calls for violence (for war, seizure of power, violent change in the foundations of the constitutional order);

incitement (incitement) of hatred, enmity, discord or intolerance for social (class), racial, national, linguistic or religious motives (as a result of agitation, propaganda or other actions);

propaganda of the superiority, exclusivity or inferiority of citizens on the basis of their attitude to religion or race, humiliation of national dignity;

the orientation of the goals (or actions) for its use to violate the integrity of the Russian Federation, undermine the security of the state.

These signs are often closely related to each other and in specific circumstances act, as a rule, in a complex form.

The public danger of public calls to unleash an aggressive war in accordance with Art. 354 of the Criminal Code of the Russian Federation, lies in the fact that such actions form in society and the relevant structures of state power a socio-psychological

atmosphere of moral justification and readiness for war. Calls to war can be expressed in oral or written appeals (including in the media, through the reproduction of a sound recording or video recording) of a person to a specific audience of listeners (or readers) with justification for the expediency or necessity of conducting military operations against another state, as well as with an appeal to persons holding relevant state positions in the civil service of the Russian Federation, on declaring and waging war against another state. Appeals to unleash an aggressive war should be considered as public if they took place in an oral presentation to a certain number of listeners (at a rally, meeting, concert, etc.) mail to the appropriate circle of addressees, posted as handwritten or typographically made leaflets, etc.

Actions aimed at inciting national, racial or religious hatred are expressed in the dissemination of various ideas and views that undermine trust and respect for a particular nationality or race or religious denomination, as well as causing hostility or a feeling of hatred for the way of life, culture, traditions, religious rites citizens of a given nationality or race, etc. These ideas and views can be disseminated through agitation and propaganda in oral, written or visual form. At the same time, ideas and views are of a general nature and are not addressed to a specific person. For qualification, it does not matter whether the features and traits attributed to this or that nation or race correspond to reality. The main meaning of such acts is to sow mutual distrust between people of different nationalities, races, religious denominations, to develop mutual alienation, suspicion, turning into stable hostility on the basis of tendentious, offensive or slanderous judgments.

Actions aimed at humiliating national dignity have a local goal - to humiliate, insult, that is, to show inferiority, inferiority, ugliness, limitedness of people of a particular nationality or an individual citizen. These actions may occur on their own or act

an integral element of previous acts of inciting national hatred.

Propaganda of exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, nationality or race, as well as the previous nature of actions in accordance with Art. 182 of the Criminal Code of the Russian Federation can act as an independent qualifying feature or as an integral part of the mechanism for the development of national, racial or religious hatred.-

Recommendation No. R (97) 20 of the Committee of Ministers of the Council of Europe on "incitement to hatred" contains sufficiently clear international legal guidelines for the precise qualification of acts capable of provoking violence. Case law of the European Court

Human Rights Commission also considers whether the words used pose a clear and immediate threat public safety. Thus, in Surek v. Turkey, it is noted that "in the conditions of a quasi-civil war, freedom of expression of political opinion is of great importance, but can be limited insofar as it has the aim and (or) can really provoke an escalation of violence."

False information (including unfair, unreliable, deliberately false advertising).

In the Doctrine of Information Security of the Russian Federation, the imposition of false information

classified as a threat to the security of information and telecommunications facilities and systems, both already deployed and being created on the territory of Russia. According to the Ministry of Antimonopoly Affairs of the Russian Federation, in Russia it was recorded in 1998-2000. about 31 thousand violations of the legislation on advertising (1998 - 2131, 1999 - 9612, 2000 - 19227), including 2587 - false advertising, 1747 - unscrupulous advertising.-

False information has many varieties depending on the sphere of relations and the methods used. information technologies. For example, one of the most common fraudulent schemes when trading securities via the Internet is the -Pump & dump scheme - "increase and dump" - a type of market

manipulation, which consists in making a profit by selling securities, the demand for which was artificially generated. The manipulator, calling himself an insider or a knowledgeable person and often spreading false information about the issuer, creates an increased demand for certain securities, increases their price, and then sells the securities at inflated prices. After such manipulations, the market price returns to its original level, and ordinary investors are at a loss. This technique is used in conditions of lack or absence of information about a company whose securities are rarely traded. A common scheme, the use of which caused the greatest material damage to citizens in the last decade, was the construction of so-called financial pyramids.

Information is deliberately false if it contains untrue factual data about the properties and quality of goods, works and services, as well as about manufacturers (executors, sellers) and is significant in the civil law sense. The list of information in the presence of which the advertisement is unreliable, in particular, includes: untrue information about such characteristics of the goods as composition, method and date of manufacture, purpose, consumer properties, conditions of use, the presence of a certificate of conformity, certification marks and marks of conformity state standards, quantity, place of origin; about the availability of goods on the market and the possibility of acquiring it in the specified volume, period of time and place, etc.

D.- A declaration of insolvency is also known to be false if it is adopted in accordance with the procedure established by law, but on the basis of deliberately false information when providing creditors with distorted information about the solvency of this economic entity and other factors affecting the recognition as insolvent in order to change the timing and amount of payments, or refuse them. Concealment, untimely submission or submission of deliberately false information of this kind is prohibited (Article 6 of the Federal Law "On the Protection of the Population and

territories from emergency situations of natural and man-caused nature").

An advertisement is deliberately false if it violates the requirements for its content, time, place and method of distribution established by the legislation of the Russian Federation, and with the help of which the advertiser, advertising producer or advertising distributor deliberately misleads the advertising consumer.

The objective side of the act includes actions to use in advertising deliberately false information about goods, works or services, their manufacturers, performers, sellers, dissemination of advertising messages containing deliberately false information, and bringing them to the attention of the addressee; consequences in the form of significant harm and a causal relationship between actions and consequences.

The use of deliberately false information in advertising consists in the provision of deliberately false information about the object of advertising, the production of advertising with such information and its distribution. Knowingly false information in advertising can be used by an advertiser, an advertising producer and an advertising distributor, who, being independent persons, have specific rights and obligations.

Regulatory legal acts establish in some cases special requirements for advertising certain types goods, works or services, in particular, to advertising securities if they act as goods, tobacco products, alcoholic products. Violation of these requirements, including the absence of mandatory information or the provision of information prohibited for use in advertising, may constitute the use of knowingly false information.

It is not knowingly false information of a general evaluative nature, in particular, promoting the sale of goods,

conclusion of contracts, but not containing deliberately false factual information about them.

A variety of false information is often unsolicited advertising by the user, coming through mailboxes, facsimile, and with the development of computer technology - open computer networks. In relation to intrusive online advertising, the term "spam" began to be used a few years ago, when advertising companies began to publish their advertisements on Usenet news conferences. The new type of commercial activity was called "spamming" or "mail-bombing". But, since this technology provides for any filtering of messages, and conference administrators simply deleted spam before it reached a large number of people, spa measures switched to sending advertising to groups of recipients.

The main types of spam on the Internet: pop-up windows (a minimized web page that opens against the user's will in the form of a window on top of the main browser window where you can put text, images, forms, etc., most often - servers free hosting and porn sites); spam in conferences and news; spam in guest books (spammers purposefully look for guest books and place information in them that is not related to the site and does not carry useful information for the owner of the resource); spam in search engines (some webmasters, in order to attract visitors to their site through search engines, insert text into pages stuffed with words like: sex, porn, internet, for free, behind which the user does not find anything expected); spam email (most

a common type of spam is a letter sent to several recipients who have not expressed a desire to receive such a letter).

The main goals of spam are: product advertising, site promotion (when advertising something very good and / or free, the link leads to a site that is completely unrelated to this information, but the site's rating is increased due to deceived visitors),

paid calls (a product is advertised and a phone number is indicated, by calling which you will only hear an answering machine, and then you will receive a connection bill), advertising of money pyramids (promise of fabulous profits with a preliminary transfer of a small amount of money to the specified address), information collection (under the guise of a survey or orders, they offer to fill out a questionnaire and send your data to the specified address), sending viruses, and so on (for example, pampering).

A 2000 study by the European Commission found that daily spam costs Internet users a total of 10 billion euros ($9.36 billion) a year. This is the amount spent on the Web while the webservers scan or remove spam from their inboxes from various internet marketing companies. Sending promotional emails by email is very popular in the US and is becoming more common in Europe, including Russia.

Obscene information (including pornography, unethical advertising). Under

pornographic products means any printed and audiovisual products, including advertising, messages and materials transmitted and received via communication lines, the purpose of which is an obscene, cynical image and (or) description of the sexual life of people, including sexual acts with minors, violent acts of a sexual nature, as well as sexual acts related to desecration of the bodies of the dead or committed against animals. In contrast to the erotic image in pornography, attention is focused on the contacts of the genitals.

Information that has a destructive effect on people's health (including advertising with hidden inserts). Back in the early sixties of the twentieth century in the United States, the idea of ​​\u200b\u200b"hidden advertising" was proposed. As you know, to achieve the effect of a continuous image, the frames of a movie must be replaced at a frequency of at least 20 frames per second (in cinema, a frequency of 24 frames per second is adopted). It was proposed to print another one after every "normal" 24 frames, on which to place an advertisement for Coca-Cola (the invention was made in this company). Man is not

was aware that he was seeing this image, but the information still fell into the subconscious and became a very powerful means of suggestion.

In 1964, advertising had passed all the experimental stages and could well have been introduced. But showed up side effects(the subject became distracted at the workplace, standard reactions slowed down) and one of the subcommittees of the US Congress at its closed meeting, after hearing information about a new type of advertising, banned it. The possibilities of tracking such an impact on the human psyche are quite simple: it is enough to scroll the film on professional video recording equipment, stopping at each frame, and the 25th frame can be recognized.

Now, with the use of computer technology, information is not inserted into a separate frame, and its image is achieved by alternating shades in other frames, which increases the effect of exposure, according to experts, by 1.3 times compared to the classic "25th frame" and is practically unprovable when legal expertise. This discovery, made in 1979 by the American scientist Wang Li, turned all the concepts of advertising upside down - there was no need for long and detailed descriptions properties of the goods, but a new term "advertising clip" appeared - a short video sequence, sometimes completely absurd and not related to the product, but containing an encrypted order that begins with an appeal ("woman!", "hey, guy!", "respectable gentleman! "), followed by an advertising phrase (it can be different, most often "product such and such - best quality, you need it"), and the caption ends with the standard phrase - "remember this!" -

The "666" computer virus also uses the "25 frame" effect. On the computer screen, as, indeed, on the television screen, frames are replaced with the same frequency. In the twenty-fifth frame, "666" displays a special color combination on the screen, plunging a person into a kind of hypnotic trance. After 25-30 seconds, the picture changes, and the subconscious perception of a new color pattern leads to a change in cardiac activity - the rhythm and strength of contractions. Arterial pressure in the pulmonary circulation increases sharply, then falls just as sharply, and this is repeated several times, which provokes the possibility of cerebral hemorrhage.

These facts indicate the need to develop both national legislation and international law aimed at protecting the human psyche from unconscious destructive informational influences. This makes the solution of the problem of legal protection and protection from such influence among the priority tasks of state policy, which requires, along with the improvement of the individual provisions of the laws and by-laws "On the Mass Media", "On Advertising", "On Freedom of Conscience and on Religious Associations”, “Fundamentals of the RF Legislation on the Protection of the Health of Citizens”, etc. the adoption of a special Federal Law “On Information and Psychological Security.” This bill, in our opinion, should be a framework, be of a general nature (it speech, mass media and freedom of conscience) and could serve as a basis for the preparation and subsequent adoption of a package of other laws in this area.

Under the information-psychological security is understood the state of protection of the vital interests of the individual, society and the state from the impact of harmful information.

Information and psychological security is an integral part of information security and should occupy a special place in the state policy to ensure it. This feature is determined by the specifics of threats and their sources in the field of information and psychological security, the special nature of the principles and tasks in the implementation of state policy in this area.

Potential sources of threats to information and psychological security can be:

individuals who by nature have the ability to unconsciously influence other persons, and associations of these persons;

religious and other groups and organizations of a destructive nature;

Development, creation and use of special technical and software tools for unconscious destructive impact on the human psyche (including through generators of physical fields and radiation, computer programs, source of information);

geopathic zones (territories and zones of terrain that have a natural destructive effect on the human psyche);

anthropogenic zones (territories where mass destruction and (or) burials of people were previously carried out, slaughterhouses and other areas of the terrain that have a destructive effect on humans).

The main threats to information and psychological security are the following:

causing harm to a person's mental health;

blocking at an unconscious level of freedom of expression of a person, artificially instilling a dependence syndrome in him and committing illegal actions by virtue of this;

manipulation of public consciousness with the use of special means of influence;

destruction of the unified information and spiritual space of Russia, the traditional foundations of society and public morality.

In the absence of a well-formed civil society in our country and public self-regulation mechanisms, the state should assume responsibility for recognizing these threats and preventing the consequences of their implementation.

Kudryavtsev VN, Topornin BN et al. Science stigmatizes pseudoscience // Izvestiya. No. 130. 1998. July 17.

The "Aum Shinrikyo" sect was established in Japan in 1987, headed by the leader Shoko Asahara (Chizuo Matsumoto). The sectarians sprayed the poison gas sarin (in June 1994, 7 people died in Nagano, on March 20, 1995, 11 people died and about 6 thousand people were poisoned in Tokyo). The leader and 30 of his closest supporters were arrested on April 18, 1995 and sentenced to long prison terms. On July 25, 2001, the Tokyo District Court ordered the sect leader to pay $3.7 million in compensation to the families of four of the seven victims of the Nagano gas attack. The sect after the arrests of the leaders changed its name - "Aleph" with the preservation of its property.

"For more details, see: Religious expansion against Russia // Analytical Bulletin. Published by the State Duma of the Russian Federation. 1998. Issue 4; Kulikov V. Harakiri to achieve complete perfection / Russian newspaper. 2001. 10 July.

The results of an experiment conducted by psychologists R. Liebert and R. Baron (1972) revealed a strong influence on young viewers of films in which they find models of behavior suitable for themselves, look ominous. Several children watched episodes of a television program that showed people deliberately harming each other. It was noted that after this viewing, these children behaved much more aggressively towards others than those children who finished watching a neutral television program (horses). The researchers came to the following conclusion: when children see how people on the screen behave aggressively, they themselves begin to show aggressiveness. The experiment involved children from different age groups (five-six-year-olds and eight-nine-year-olds), both girls and boys, and all of them reacted to scenes of violence in almost the same way.

This is recognized by the Government of the Russian Federation, the prosecutor's office and law enforcement agencies. So in the appeal of the Deputy Chairman of the Government of the Russian Federation (No. 4233p-PZ dated December 6, 1996) to the Chairman of the State Duma of the Russian Federation it is said: “We share the concern about the strengthening of the activities of religious associations that have earned themselves a scandalous reputation in many countries of the world. legal regulation order of registration of foreign religious associations and control over their activities on the territory of Russia, these organizations have created an extensive network of branches in a number of regions. Particularly disturbing is the fact that citizens involved in some of the new religious

formations that are totalitarian in their orientation, asocial attitudes are instilled: hostility to the national spiritual culture, Russian customs and traditions, family and parental responsibilities. Health authorities receive information about the development of mental changes in persons involved in destructive cult organizations. It should be noted that Russian legal science and practice, administrative and criminal systems do not yet have sufficient experience in counteracting destructive cults. Criminal prosecution on such facts has not received the necessary distribution. In recent years, for organizing associations that encroach on the personality and rights of citizens, criminal cases were initiated only three times against representatives of foreign religious organizations. We believe that an appropriate federal legislative act is necessary to resolve the problem under consideration." On 04/07/1997, she shares the concern about this problem, sends "relevant information" to the Prosecutor General's Office of the Russian Federation, but at the same time she is forced to state: "The submitted documents indicate that the main requirement is to establish legal control over research in this area. However, there is no legislation on this issue. In this connection, the prosecutor's office of the city is not able to in any way ensure the protection of the rights of citizens who are exposed to psychotronic equipment."

Smirnov P., Beznosyuk E., Zhuravlev A. Psychotechnologies: computerized psychosemantic analysis and psychocorrection at the unconscious level. M., 1996; Aleshenkov M.S. et al. Energy-informational safety of a person and the state. M., 1997; Psychoecology of Russia. Problems of the security of the information space and the psychosphere of the country. SPb., 1997.

~ Lopatin VN On the problems of human information security // Russian Federation today. 1999. No. 20. S. 16-17.

Dyakov SV. II Commentary to the Criminal Code of the Russian Federation / Ed. Yu. I. Skuratova, V. M. Lebedeva. Ed. 3rd, rev. and additional M. 2001. S. 722.

Advertising is understood as information disseminated in any form by any means about an individual or legal entity, goods, ideas and undertakings (advertising information), which is intended for an indefinite circle of persons and is designed to form or maintain interest in these individuals, legal entities, goods, ideas. and endeavors and promote the realization of goods, ideas and endeavors.

The term "spam" has its origins in an old (1972) skit by the English comedian Monty Python Flying Circus, in which restaurant patrons trying to place an order are forced to listen to a Viking choir singing about canned meat (SPAM). In the modern sense, spam refers to unauthorized commercial e-mail. -

An example of the relevance of this issue is the situation when on September 12, 2000, during the election campaign for the US President George W. Bush, Jr. was accused of using the technology of the so-called "25th frame" in one of the Republican commercials. In this video criticizing Al Gore's social programs, snippets of key phrases from Gore's speeches randomly flicker behind the back of the Democratic candidate (which, apparently, should indicate confusion in his program), and between them there is a very large typed word rats (English - rats, slang - nonsense, nonsense), which is at the same time the end of the word democrats. The word rats appears on the screen for only 1/30 of a second. However, according to experts, this time is enough for the human subconscious to be affected and a negative image of A. Gore to form. The Republicans themselves, according to CNN, were initially dumbfounded by such accusations. "This is reminiscent of the rumor that if you scroll one song backwards, you can hear "Paul is dead," Bush campaign spokesman A. Fleischer commented on the Democrats' statements, "referring to one of the most intriguing and enduring Beatlemania legends - about that allegedly in some Beatles songs the message about the death of Paul McCartney in 1966 in a car accident is encrypted. In the USA, advertising technologies using the 25th frame are prohibited, but no one was held responsible, moreover, the commercial was shown 4400 times in 33 US cities (the cost of such advertising is more than $ 2.5 million).

Let us dwell in more detail on a number of aspects that we mentioned in passing above.

The concept of "freedom from information" has developed in the conditions of information overload and the increasing threat to the information security of Internet users, which has arisen, along with other circumstances, due to the widespread phenomenon of Internet spam.

At a certain point, consumers of information around the world got the feeling that information is no longer offered by the Internet and modern media to its audience, but is imposed in the most rude way, which threatens one of the main constitutional human rights to freedom of choice and use of data. On the other hand, this situation jeopardized the problem of raising children and adolescents, who, under the influence of uncontrolled information flows, turned out to be completely defenseless in the reality around them, where even parents could no longer decide which programs or films their children could watch, which notes to read. and which ones are not. Thus, the Internet and Hollywood began to make decisions.

In the light of these trends in different countries concepts of "harmful", "obscene" and "illegal" have been developed around the world

information.

The wording of the content of "illegal" and "harmful" information may differ in documents from the US, EU, Australia and other countries. In the very general sense"Illegal" refers to information whose distribution is prohibited by a number of legal provisions, such as: child pornography, incitement to terrorism and violence, segregation, inciting conflicts on religious or ethnic grounds, as well as false advertising or dissemination of defamatory information, including and state leaders.

The notion of “harmful” information is then more vague and includes material that is not prohibited by criminal liability laws, but is capable of “damaging the values ​​and feelings of others110”. In the case of "harmful" information, the EU documents, in particular, the "Green Book" developed by the European Commission, define, first of all, minors and "susceptible people" as objects of protection in the case of "harmful" information.

Obviously, due to the difference in legislative norms at the level of different states and a certain subjectivity in the definition of "harmful" information, materials related to one category or another may vary for individual countries representing the world community.

The concept of "obscene" information was introduced by the United States in the Communications Decency Act. It differs somewhat from the EU definition of illegal information. However, the distribution of "obscenity" on the Internet, according to this law, was punishable by criminal liability. The Supreme Court subsequently overturned this effect of the Act.

The differentiation of information into "illegal" and "harmful" causes various mechanisms for regulating the Internet space. In most European countries, within the framework of the concept of self-regulation, many communities and associations have been created and are actively working to control information flows.

Thus, there are a number of fairly authoritative entities that act on a voluntary basis and develop certain recommendations for all networks. In general, they operate within the framework of the so-called ISOC (Internet Society) - a public organization that brings together the bulk of Internet users and experts. Its main goal is to support and disseminate the Internet and related technologies and applications, allowing all kinds of organizations, professional communities and individual users to collaborate more effectively in their core area of ​​interest. Thus, only those who have recognized authority among its users can “steer” on the Internet, and not those who simply want it for commercial or some other reasons (perhaps here we have a prototype of what is early or will come later in other areas of the functioning of human society).

ISOC has a number of committees on certain issues related to the operation of the Internet as a whole. The committees typically make recommendations on internet-accepted internetworking standards. For example, the IAB (Internet Architecture Board) adopts recommendations on key issues of standards for the interaction of individual parts of the Internet, IETF (Internet Engineering Task Force) regularly discusses current organizational and technical issues of the Internet. While following the recommendations adopted by these bodies is a voluntary matter for each individual network, those networks that refuse to follow these recommendations doom themselves to isolation.

One of the most illustrative examples of an organization directly involved in self-regulation of online media resources (as part of the global Internet space) is the British Internet Watch Foundation, which acts as a guarantor of the reliability of self-regulation mechanisms in the United Kingdom.

The fund was established in 1996111 as a result of an agreement between the government, the police and Internet providers. According to this agreement, providers, dividing among themselves “zones” of regulation, take assume responsibility for tracking and monitoring information on the Internet. Periodically, the activities of this body are checked by the authorities.

In fact, the Internet Surveillance Foundation carries out a "dialogue" between the society (audience) and legislative bodies that encroach on the restriction of the freedom of Internet resources, including Internet media.

The very concept of illegal and "harmful" information in its English version ("forbidden", "illegal" and "offensive"

information) was just developed in the course of the foundation's activities.

Bodies like the Internet Surveillance Foundation are numerous throughout the world. As a rule, the activities of such self-regulatory bodies are based on the cooperation of providers and creators of Internet media. In some countries, such bodies have enormous power. In Australia, for example, any "local" Internet publication (hosted on a server that is located within the country) that publishes illegal, offensive, pornographic, etc. information is obliged, at the request of the Broadcasting Authority, to remove all objectionable data. At the same time, if the information is located on a foreign server, access to it may be blocked by Internet providers for users.

A fundamentally different mechanism for regulating the Internet and television, which has become widespread in the United States and Canada, has become the technology of using V-chips (V-chip).

"V-chip" - a device developed in the mid-1990s in Canada, is a "filtering" technology with the prospect of further blocking television programs containing scenes of violence, obscenity, etc. Today, all televisions that are on sale , in Canada and the United States must be equipped with such a device.

In the US and Canada, two different implementation models for the wi-chip technology have been developed. The Canadian model is considered the most successful, because representatives of business, the audience and the public sector took part in the process of classifying programs, while in the USA the fine-tuning of the mechanism was commercialized and completely given over to business.

Attitudes towards Wi-chip technology were far from unambiguous. Opponents of state interference and "enslavement of freedom of information and media activity" were presented with an argument in support of protecting the right to information, as well as the right of independent parental control in the process of raising children.

Wi-chips were originally designed to regulate television programs. Today, the concept of using technology to regulate the Internet space is actively developing.

Tips for parents to stay safe online Rule 1 Establish clear site rules with your children. Decide which sites they can visit and which sites they can't visit. Choose sites your child can visit and block access to inappropriate content. Adjust your computer's security settings.

Rule 2 Help the children choose the correct login name and password. Make sure they don't contain any personal information.

Rule 3 Explain to children the need to protect their privacy on the Internet. Insist that they never give out their address, phone number, or other personal information; for example, a place of study or a favorite place for a walk.

Rule 4 Do not allow your child to meet online acquaintances without your permission or in the absence of an adult. If a child wishes to meet a new online friend, insist on accompanying the child to the meeting. Be interested in where and with whom your child goes.

Communication on the Internet may entail communication risks, such as illegal contacts (for example, grooming, cyberbullying, etc.). Even if the majority of users of chat systems (web chats or IRC) have good intentions, there may be malefactors among them. In some cases, they want to trick children into giving up personal information such as their home address, phone number, passwords to personal web pages, etc. In other cases, they may turn out to be criminals looking for a victim. Specialists use the special term "grooming", which means establishing friendly relations with a child for the purpose of entering into sexual contact. Acquaintance most often occurs in a chat, on a forum or in social network on behalf of the child's peer. Communicating personally (“in private”), the attacker gains confidence in the child, tries to find out personal information and arrange a meeting.

Grooming Warning: Be aware of who your child interacts with online, try to check your children's contact list regularly to make sure they personally know everyone they interact with. Explain to your child that you should not disclose personal information on the Internet (phone number, home address, school name / number, etc.), and also send your photos to online acquaintances. If the child is interested in contacts with people much older than him, an explanatory conversation should be held. Do not allow your child to meet online acquaintances without your permission or in the absence of an adult. If a child wishes to meet a new online friend, insist on accompanying the child to the meeting; Be interested in where and with whom your child goes.

Cyberbullying— persecution by messages containing insults, aggression, intimidation, hooliganism, social boycott using various Internet services. Cyberbullying Warning: Explain to children that when communicating on the Internet they should be friendly with other users, in no case should they write rude words - reading rude words is as unpleasant as hearing them. Teach children how to properly respond to hurtful words or actions of other users. Teach your children not to use the Net to be mean, gossip, or threaten. Try to keep track of what your child is doing on the Internet, as well as monitor his mood after using the Web.

What parents should pay attention to in order to notice in time that the child has become a victim of cyberbullying: 1) Restless behavior. Even the most withdrawn student will worry about what is happening and will definitely give himself away with his behavior. Depression and reluctance to go to school are the most obvious signs that a child is being bullied. 2) Dislike for the Internet. If a child liked to spend time on the Internet and suddenly stopped doing it, you should find out the reason. V rare cases kids really get bored of spending time online. However, in most cases, the sudden reluctance to use the Internet is due to problems in virtual world. 3) Nervousness when receiving new messages. A child's negative reaction to the sound of an email should alert the parent. If the child regularly receives messages that upset him, talk to him and discuss the content of these messages.

Rule 5 Teach kids to respect others online. Make sure they know what the rules are good behavior operate everywhere - even in the virtual world.

Rule 6 Insist that children respect the property of others on the Internet. Explain that illegal copying and use of someone else's work—text, music, computer games, and other programs—is theft.

Rule 7 Pay attention to how much time your children spend on the Internet in order to notice signs of emerging Internet addiction in time. Harbingers of "Internet addiction" (synonyms: Internet addiction, virtual addiction) and addiction to computer games ("gaming") are: an obsessive desire to constantly check e-mail; anticipation of the next online session; increase in time spent online; increase in the amount of money spent online. If you think that your children suffer from excessive computer addiction, which harms their health, education, social relationships, leads to strong conflicts in the family, then you can turn to specialists dealing with this problem. They will help build a dialogue and convince the addict to acknowledge the existence of a problem and agree to receive help.

For example, the Children Online website www.detionline.com has a telephone and online counseling line that provides psychological and informational support to children and adolescents who have encountered various problems on the Internet. The Children Online help line, created in 2009, is staffed by psychologists from the Internet Development Foundation and graduates of the Faculty of Psychology of Moscow State University named after M.V. Lomonosov, who provide

base protection:

• The constitutional basis for restricting information rights is base protection:

• the constitutional order of the state,

• morality of society and

• the health of others.

Harmful information

• this is information non-confidential

• necessitating the protection and protection of the rights and legal interests:

• personality,

• society and

• states due to the possible harm that its turnover will cause to these subjects

Categories of harmful information

• 1) information aimed at inciting hatred, enmity and violence (including inciting social, racial, national or religious hatred, enmity, superiority, discord, intolerance; information containing calls for war);

• 2) false information (including unfair, unreliable, deliberately false advertising);

• 3) information containing encroachments on the honor, good name and business reputation of other persons;

• 4) obscene information (including pornography, unethical advertising);

• 5) information that has a destructive effect on people's health (including advertising with hidden inserts).

• It is unacceptable to abuse the freedom of the media. Mass media law (art. 4)

• Media Law Prohibits -

• Using the media to commit criminal acts:

• to disclose information constituting a state or other secret specially protected by law,

• to distribute materials containing public calls for terrorist activities, or publicly justifying terrorism, other extremist materials,

• materials promoting pornography, the cult of violence and cruelty.

It is forbidden to distribute in the media, as well as in computer networks

• - information about the methods, methods of development, manufacture and use, places of purchase of narcotic drugs, psychotropic substances and their precursors,

• promotion of any advantages of using certain narcotic drugs, psychotropic substances, their analogues and precursors,

• (exception - advertising of narcotic drugs and psychotropic substances included in lists II and III in accordance with the Federal Law "On Narcotic Drugs and Psychotropic Substances" in the media intended for medical and pharmaceutical workers),

• hidden inserts that affect the subconscious of people and (or) have a harmful effect on their health.

• 4. dissemination of other information prohibited by the Federal Law.

KOAP - with v. 8.5. Hiding or misrepresenting environmental information

• Concealment, deliberate distortion or untimely communication of complete and reliable information about the state of the environment and natural resources,

• on sources of pollution of the environment and natural resources

• other harmful impact on the environment and natural resources,

• about the radiation situation,

• distortion of information about the state of lands, water bodies and other environmental objects by persons obliged to report such information,

• shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials - from one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand roubles.

Criminal Code of the Russian Federation Art. 213 of the Criminal Code of the Russian Federation,

• Responsibility for gross violation of public order, expressed:

• in clear disrespect to society,

• committed with the use of weapons or objects used as weapons,

• based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group,

• a term of one hundred and twenty to one hundred and eighty hours, or by corrective labor for a term of six months to one year, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to two years.

• when the same act is committed by a group of persons by prior agreement, or if it is associated with resistance to a representative of the authorities or another person who performs the duties of protecting public order or suppressing a violation of public order - under part 2 of this article of the Criminal Code of the Russian Federation.

• shall be punishable by compulsory labor for a term of 180 to 240 hours, or by corrective labor for a term of 1 to 2 years, or by deprivation of liberty for a term of up to 5 years.

• Art. 282. Criminal Code of the Russian Federation. Incitement of hatred or enmity, as well as humiliation of human dignity

• 1. a person or a group of persons on the grounds of sex, race, nationality, language, origin, attitude to religion, as well as membership in any social group, committed publicly or using the media, -

• 2. The same acts committed:

• a) with the use of violence or with the threat of its use;

• b) by a person using his official position;

• c) an organized group, -

Str. in the amount of 100,000 to 500,000 rubles. or in the amount of wages or other income of the convicted person for a period of 1 to 3 years, or deprivation of the right to hold certain positions or engage in certain activities for up to 5 years, or compulsory works for a period of 120 to 240 hours, or correctional labor for a period of 1 year to 2 years, or imprisonment for up to 5 years

Bills

• The draft Federal Law “On the Supreme Council for Ethics and Morality in the Field of Cinematography and Television and Radio Broadcasting in the Russian Federation” was not adopted.

• The Federal Law “On the state protection of the morality and health of citizens and on strengthening control over the circulation of sexual products” was rejected by the President of the Russian Federation (Letter of the President of the Russian Federation of May 10, 1999 No. Pr 603).

• The development of the concept of legislation in the field of information and psychological security began in 1990 in the Parliamentary Commission of the Supreme Soviet of the USSR on national security issues

• lists the types of information that can harm the younger generation. All information products - these are books, media, audiovisual products, computer programs, etc. - are classified into several categories - for children under 6 years old, from 6 to 12, from 12 to 16, after 16 years, as well as products prohibited for children.

• Under the ban - information that provokes a desire to harm one's own or someone else's health, justifies violence, encourages people to try alcohol or drugs, denies family values, contains obscene language or pornography. Everything that can stimulate vagrancy, begging, prostitution is also excluded.

• According to the provisions of the law, producers and distributors of information products are required to place on it "a sign of information products and (or) a text warning about the restriction of its distribution." Products without this marking will not be distributed.

Federal Law "On the protection of children from information harmful to their health and development" dated 03.01. 2011

• Producers and distributors of information products are required to place on it "a sign of information products and (or) a text warning about the restriction of its distribution." Products without this marking will not be distributed.

• Broadcasting of “non-childish” information on television and radio is limited to the time interval from 23 to 4 in the morning.

• Internet clubs are required to use "hardware and software" to limit children's access to harmful information.

• to assess whether this or that information product is capable of harming the health and development of children, will be experts with higher professional education and special knowledge in the field of pedagogy, developmental psychology, developmental physiology and child psychiatry.