Pthe Agency has approved the rules for marking materials of foreign agents The requirements stipulate that notifications of materials of foreign agents should last at least 15 seconds, the font size of the notification should be twice the font size of the material, etc. The resolution comes into force on December 1
The Russian government has approved the requirements for the placement of notifications before materials published by foreign agents, the corresponding decree was signed by Prime Minister Mikhail Mishustin.
This resolution, in particular, defines the rules for the placement of instructions provided for in Parts 3 and 4 of Article 9 of the Law “On the Control of the Activities of Persons under Foreign Influence”. The law states that materials distributed by a foreign agent or by the founder, member, participant, head of an organization included in the register of foreign agents must be marked with an indication that this information is distributed by a foreign agent or concerns its activities.
The resolution states that the corresponding instruction in text or audio form must be in Russian, the font size of the text instruction must be twice the font size of the text material. The indication must be published at the beginning of each text material under the heading, and if it is not, then before the beginning of the material. It is also noted that the duration of the demonstration of a text indication in an audiovisual material at the beginning of the broadcast of such material should be at least 15 seconds.
Besides it:
- It is not allowed to impose a text indication on the text, image or other message contained in the text material and their fragments.
- When placing an instruction in sound form, it is not allowed to use technologies to increase the speed of its reproduction.
- The volume level of the audio reproduction of the instruction in the audio form must not be lower than the volume level of the audio material.
- The font color of the text indication should be contrasting with the background on which it is placed.
- The text indication in the audio-visual material and the indication in audio form in the audio material must be placed at the beginning of the broadcast of such materials, as well as at each resumption of the broadcast of such materials after their interruption.
- It is not allowed to impose an indication in sound form on audio fragments of audio material.
The indication form should look like this:
«This material (information) ______ (produced, distributed and (or) sent) ______ (surname, first name, patronymic) ______, who is ______ (founder, member, participant, manager or a person who is part of the body of persons specified in Part 4 of Article 9 of the Federal Law “On Control over the Activities of Persons under Foreign Influence”) ______ included in the Register of Foreign Agents”.
The concept of “foreign agent” was first introduced into Russian legislation in 2012. At first, it applied only to NGOs engaged in political activities. The law on Foreign Media in Russia was adopted in 2017. In 2019, amendments were made to the legislation, which determined the possibility ofassignment of the status of a foreign agent to individuals and legal entities if they distribute or participate in the creation of information of foreign media and are financed in one form or another from abroad. By the end of 2020, the concept of unregistered public associations performing the functions of a foreign agent appeared in the legislation.
The legislation contains a number of prohibitions and restrictions on persons involved in the lists of foreign agents. The messages and materials of the foreign media should be distributed on the territory of Russia with the appropriate labeling. The dissemination of information about the NGO-foreign agent, NGO-foreign agent, natural person-foreign agent should also be accompanied by labeling. Administrative responsibility is established for violation of this requirement. From February 1, 2020, foreign media can distribute information only through Russian legal entities established by them, also performing the functions of a foreign agent.
In addition, foreign agents cannot receive state funding when carrying out creative activities, teach and conduct educational activities among minors, produce information products for minors, as well as participate in the procurement of goods, works and services to meet state and municipal needs. NGOs and individuals who are foreign agents must report to the authorities about their activities and expenses.
According to the latest data, the number of media-foreign agents in Russia is 200 people and organizations; NGOs-foreign agents- 64 organizations; unregistered public associations performing the functions of a foreign agent, 10 structures.
The work of foreign agents without being included in the register may entail both administrative and criminal penalties. The maximum penalty for the management of organizations and media-foreign agents in this case is imprisonment for up to two years. For individuals-foreign agents – imprisonment for up to five years (Article 330.1 of the Criminal Code). Criminal punishment is also threatened for malicious evasion of the duties of a foreign agent, including for the lack of labeling and reporting.
In mid-July, President Vladimir Putin signed a law “On the control of the activities of persons under foreign influence”. According to it, in order to be recognized as a foreign agent, it will not even be necessary to receive funding from any foreign source. It will be possible to get into the register, including for “support due toabroad”or being under “foreign influence”. The concept of an individual affiliated with foreign agents is also introduced (they are entered into different registers), and the procedure for inclusion and exclusion from the register is described. Now Russia will have a single register of foreign agents instead of the existing four. The law will come into force on December 1.
Earlier this month, Mishustin signed an order according to which the Ministry of Justice will be able to publish in the unified register of foreign agents the personal data of individuals added to it. In addition to the full name and date of inclusion in the register, we are talking about INN, SNILS, date and basis of inclusion in the list with specific provisions of the law.
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