How to avoid a specific understanding of law on the Internet? The Sulakshin Center continues a series of publications about the rules of life in the legal field for bloggers and journalists.

The rights of a blogger are determined by Article 10.2 of the Federal Law dated 07.27.2006 No. 149-FZ « About information, information technologies and information protection". The blogger has the right :

1) freely search, receive, transmit and distribute information in any way in accordance with the legislation of the Russian Federation;
2) express on your website or website page on the Internet your personal judgments and assessments, indicating your name or pseudonym;
3) post or allow the posting on your website or website page on the Internet of texts and (or) other materials of other Internet users, if the placement of such texts and (or) other materials does not contradict the law Russian Federation(in essence, this is the right to repost - only those materials that comply with the law);
4) distribute advertising for a fee in accordance with civil law, the Federal Law “On Advertising” on your website or website page on the Internet.
The right to freely seek, receive, transmit and disseminate information is the constitutional right of every citizen, enshrined in Part 4 of Article 29 of the Constitution of the Russian Federation; this is not a specific right of a blogger.

The right to express one’s personal judgments and assessments on one’s website or page on the Internet is the freedom of thought and speech enshrined in Part 1 of Article 29 of the Constitution of the Russian Federation: it applies to all persons on the territory of the Russian Federation and is not limited to the Internet. Noteworthy is the clause that determines the implementation of this right: the obligation to indicate one’s name or pseudonym when expressing one’s opinions. Since a blogger is, in principle, required to indicate his last name and initials (not a pseudonym), it is not clear how this provision of the law should be implemented. Should a blogger use something like this every time: “I personally, Ivanov I.I., think..."? Apparently, requiring this at the legal level would be absurd. If responsibility for non-compliance with this rule is not established, then this norm cannot be implemented.

The right to post texts or other materials of other users on your website or page is a variation on the theme of the general civil right to disseminate information. This right can be called specific only in the part in which to implement it you must have your own website or page on the Internet.

However, all network users have the right to disseminate information on their own and other people’s sites, and not just those who have visited resources (bloggers). Therefore, this right is not some additional right of bloggers.

The right to distribute advertising on a website or page on the Internet also cannot be considered a specific right of bloggers: all capable citizens have the right to enter into civil contracts for the placement of advertising on their resources. Of course, advertisers are interested in maximum quantity views of their advertisements, so resources with low traffic are unlikely to attract them, but this does not affect the formal rights of citizens with low-visited resources in terms of advertising.

Journalist's rights are stipulated in Article 47 of the Law on Mass Media, according to which journalist has the right :

1) search, request, receive and disseminate information;
2) visit government bodies and organizations, enterprises and institutions, bodies of public associations or their press services;
3) be accepted by officials in connection with a request for information;
4) gain access to documents and materials, with the exception of their fragments containing information constituting state, commercial or other secrets specially protected by law;
5) copy, publish, disclose or otherwise reproduce documents and materials;
6) make recordings, including using audio and video equipment, filming and photography, except for cases provided for by law;
7) visit specially protected places natural Disasters, accidents and catastrophes, riots and mass gatherings of citizens, as well as areas in which a state of emergency has been declared; attend rallies and demonstrations;
8) check the accuracy of the information provided to him;
9) express his personal judgments and assessments in messages and materials intended for distribution under his signature;
10) refuse to prepare, under his signature, a message or material that contradicts his beliefs;
11) remove his signature from a message or material, the content of which, in his opinion, was distorted during the editorial preparation process, or prohibit or otherwise stipulate the conditions and nature of the use of this message or material;
12) distribute messages and materials prepared by him under his signature, under a pseudonym or without a signature.

The rights of a journalist correspond, for example, to the obligation of any bodies and organizations to respond to an editorial request (Articles 39 - 40 of the Law on Mass Media). Journalists, unlike bloggers, are also protected by Article 144 of the Criminal Code of the Russian Federation, which provides for liability for obstructing legal professional activity journalists.

Article 49 of the Law on Mass Media also contains a rule according to which the state guarantees to a journalist, in connection with his professional activities, the protection of his honor, dignity, health, life and property as a person performing a public duty. There is no similar rule regarding bloggers; the state does not recognize that a blogger is performing a public duty. Protection of the honor, dignity, health, life and property of a blogger is carried out on a general basis.

Read about the responsibilities of a blogger in the following material.

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Legislation on the media is not limited only to the Law of the Russian Federation “On Media mass media", and consists, in addition to it, of other legislative acts adopted in accordance with the Law of the Russian Federation "On the Mass Media", and also includes legislation on the media of the constituent entities of the Russian Federation. Also among the norms of the legislation of the Russian Federation on the media are the rules for the organization and activities of mass media information established by interstate treaties of the Russian Federation, if they differ from the rules of this Law.

Thus, the total scope of a journalist’s professional rights is determined by the totality of the rights granted to him by Art. 47 of the Law of the Russian Federation "On the Mass Media", other federal and regional legislative acts, international treaties of Russia. Moreover, international standards will have priority if they differ from the rules established by this Law.

Let us consider in more detail a number of provisions of Art. 47 of the Law on Media, which states: A journalist has the right:

1) Search, request, receive and distribute information.

The right of a journalist to access information directly corresponds with the right of every citizen to receive publicly available and unrestricted information, enshrined in the Law of the Russian Federation “On Information, Informatization and Information Protection.” However, due to the specific nature of the profession of journalists, the declared right to access information is not enough for them to work efficiently and effectively; a well-developed mechanism for implementing this right in practice is necessary. This mechanism is partly spelled out in this article and is expressed in various forms of exercising the right to access information. They are discussed in detail in the first chapter of the work.

When exercising his professional rights, a journalist is obliged to present upon request an editorial ID or other identification document (Clause 9 of Article 49 of the Law of the Russian Federation “On the Mass Media”), as well as to respect the rights and legitimate interests of citizens and organizations.

2) Visit government bodies and organizations, enterprises and institutions, bodies of public associations or their press services.

3) Be accepted by officials in connection with a request for information.

4) Gain access to documents and materials, with the exception of their fragments containing information constituting state, commercial or other secrets specially protected by law.

5) Copy, publish, announce or otherwise reproduce documents and materials, subject to the requirements of part one of Article 42 of this Law.

All documented information that came into the possession of a journalist in the process of fulfilling his professional duty, by any in a legal way, may be copied by him, published in print media, announced in audiovisual media or distributed in any other way. The only condition for the dissemination of this information is stipulated by the legislator in the form of the inadmissibility of violating copyrights, publishing rights, and other intellectual property rights. The author or another person who has the rights to the work may specifically stipulate the conditions and nature of the use of the work provided to the editors (Part 1 of Article 42 of the Law on the Mass Media and commentary thereto).

6) Make recordings, including using audio and video equipment, filming and photography, except for cases provided for by the Law.

The wording of this provision of the article provides a list of possible types of recording that a journalist can make, recording facts, circumstances, events, life phenomena, that is, searching for and obtaining (including by making a recording) information. In addition to recording using various technical means, of course, possible types of recording also include regular recording on paper (in a notebook, notebook, etc.), written notes.

The law regulates only a few cases when a journalist’s right to make a recording may be limited. The first and most basic is the production of recordings during the court hearing. By general rule Legal proceedings in Russia are carried out openly and publicly. Everyone has the right to be present at trials, since, according to paragraph 1 of Article 123 of the Constitution of the Russian Federation, the proceedings in all courts are open. The principle of publicity of court hearings also means that not only listeners, including journalists, have the right to attend them, but they can also make permitted types of recordings. Some types of recording are expressly permitted by law for everyone present at an open court hearing (recording in a notebook, audio recording); others require the permission of the presiding judge in the case (video filming and photography).

The production of film, photography, and video shooting is accompanied by moving around the hall, installing microphones, lighting devices, etc. And the shooting procedure itself is associated with additional light and sound interference (flash, sound produced by the camera at the time of shooting, etc.) All this creates additional difficulties in maintaining proper order in the hall and complicates the work of the judges. That is why the law requires obtaining their permission to produce film, photography, and video during the process.

7) Visit specially protected places of natural disasters, accidents and catastrophes, riots and mass gatherings of citizens, as well as areas in which a state of emergency has been declared; attend rallies and demonstrations.

8) Check the accuracy of the information provided to him.

Article 49 (clause 2, part 1) contains a similar duty for a journalist - to check the accuracy of the information he reports. In view of the obligation imposed on the journalist to check the accuracy of everything that is disseminated to him, it is quite natural that the journalist has the right not to take his word for it, but to check the information that is reported to him. The obligation to comprehensively verify information and disseminate only reliable information is one of the main pillars of socially responsible journalism.

A journalist can verify the accuracy of the information reported to him by checking this information through alternative sources of information, by copying documents, recording and filming, meetings and conversations with officials, using information provided by confidential informants, etc.

9) Express his personal judgments and assessments in messages and materials intended for distribution under his signature.

The right of a citizen to express his opinion is enshrined in the fundamental law of the state - the Constitution of the Russian Federation, Article 29 of which states: “1. Everyone is guaranteed freedom of thought and speech. 3. No one can be forced to express their opinions and beliefs or to renounce them.” In addition to the Constitution of the Russian Federation, the right to freedom of expression is also guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 10 of which enshrines the right of everyone to freedom of expression. A similar right is enshrined in Art. 19 of the International Covenant on Civil and Political Rights. The right to freedom of expression is one of the fundamental human rights, which can be limited only in cases clearly defined by law, when there is a real need for such a restriction in a democratic society. In particular, as an exhaustive list of the purposes of introducing such a restriction in Art. Article 10 of the European Convention specifies the interests of: national security, territorial integrity or public safety, prevention of disorder or crime, protection of health or morals, protection of the reputation or rights of others, prevention of disclosure of information received in confidence, or ensuring the authority and impartiality of the judiciary. Each restriction must be provided for by law.

The commented provision of the Russian Federation Law on Mass Media duplicates the right of every citizen to express his opinion in relation to the professional activities of a journalist, giving him the right to express his personal judgments and assessments in messages and materials intended for distribution under his signature. Judgment, assessment, opinion, position - in this situation are synonyms and express a single concept, which can be characterized as a subjective evaluative statement, an expression regarding facts, circumstances, phenomena, persons, their actions, deeds, etc. Opinion is characterized by the fact that it cannot be verified for compliance with reality, since, being subjective in nature, it may differ from person to person. different people regarding the same fact of reality. The European Court of Human Rights, interpreting the provisions of Art. 10 of the European Convention, clarified that the term “expression” includes the expression of creative views. He stated that "Article 10 includes freedom of expression of creative views - especially within the framework of the freedom to receive and impart information and ideas - which makes it possible to participate in the public exchange of cultural, political and social ideas and information of all kinds." However, the concept of “expressing one’s opinion” (translated from English literally as “self-expression”), as used in Article 10 of the European Convention as well as in Russian legislation, refers mainly to expression of opinion in relation to the receipt and dissemination of information and ideas, but not to the physical expression of feelings .

It is precisely because of all of the above that it is impossible to recognize a value judgment (opinion) as inconsistent with reality and to refute it (for example, in accordance with Articles 43-45 of this Law or Article 152 of the Civil Code of the Russian Federation), since this will directly violate a person’s right to express his opinion and contradict Part 3 of the Constitution of the Russian Federation, which says that “no one can be forced to express their opinions and beliefs or to renounce them.” Refutation of opinion in judicial procedure(i.e. forced) should be regarded as coercion to refuse to express one's opinion or to renounce one's opinion as such.

In the practice of the European Court of Human Rights, there is a rich selection of decisions that have protected the human right to express one’s opinion, including the right of journalists to express value judgments. The European Commission, and after it the European Court, into which it was recently transformed, have more than once interpreted the concept of “the right to express one’s opinion” in relation to specific situations. Now these provisions of the decisions of the European Court are the official interpretation of the text of the European Convention itself.

The issue of distinguishing between facts and opinion is also addressed in the ethical codes of journalism. Thus, the Code of Professional Ethics of the Russian Journalist in paragraph 3 states the following: “A journalist is obliged to clearly distinguish in his reports between the facts he is reporting and what constitutes opinions, versions or assumptions, at the same time in his professional activities he doesn't have to be neutral."

That is why Article 47 of the Russian Federation Law on Mass Media, while respecting the right of everyone to express their opinion, also recognizes the right of a journalist to express his personal judgments and assessments in messages and materials intended for distribution under his signature. Moreover, an indication that a journalist has the right to express his opinion in those materials that are distributed under his signature represents a certain guarantee that readers (viewers, listeners) will be aware that this opinion belongs to this journalist (citizen). If the distributed material is signed with a pseudonym or has no signature at all, then this material can be considered editorial. That is, responsibility for its distribution will be borne exclusively by the editorial office of the media, being a legal entity, or the founder of the editorial office, if the editorial office is not one. And, as you know, the right to express an opinion belongs only to a citizen; a legal entity cannot express its “personal” opinion. In practice, the ability to disseminate statements of an evaluative, including critical, nature also extends to those materials that are signed with a pseudonym or are published in print (broadcast) without indicating the author.

10) Refuse to prepare under his signature a message or material that contradicts his beliefs.

11) Remove his signature from a message or material, the content of which, in his opinion, was distorted during the editorial preparation process, or prohibit or otherwise stipulate the conditions and nature of the use of this message or material in accordance with part one of Article 42 of this Law.

12) Distribute messages and materials prepared by him under his signature, under a pseudonym or without a signature.

That is, the material can be signed at the discretion of the author either with his real name (in the form specified by him) or with a fictitious name (pseudonym), and can also be distributed without a signature at all - that is, anonymously. A similar right is granted to a journalist not only by law, but also by a document adopted by the professional community - the Code of Professional Ethics of Russian Journalists. Paragraph 3 of this Code says: “The journalist is responsible with his own name and reputation for the reliability of any message and the fairness of any judgment disseminated under his signature, under his pseudonym or anonymously, but with his knowledge and consent”42.

Article 19 of the Civil Code of the Russian Federation provides that a citizen acquires and exercises rights and obligations under his own name, including last name and first name, as well as patronymic. Moreover, in the case and in the manner prescribed by law, a citizen may use a pseudonym (fictitious name).

Nickname (from Greek words- pseudos - lie and onyma - name) - "the conventional name of the author or artist, which replaces his real name and surname (or both). The law does not allow the disclosure of a pseudonym without the consent of the author, except in cases where the pseudonym is used for the purpose of falsification authorship"43.

The current legislation, namely the Law of the Russian Federation “On Copyright and Related Rights” in Article 15 provides for the author’s right to designate a work when it is used by a pseudonym.

"The pseudonym is used at the request of the author. No one can make changes to the pseudonym chosen by the author. Any name or fictitious name can be indicated as a pseudonym. The question of the possibility of using a dissonant or misleading pseudonym (for example, coinciding with the real name of another famous person) the law has not resolved; in such cases, the author’s demands to use such a pseudonym are often rejected by user organizations. The author may use a pseudonym for all or some of his works; he has the right to disclose or change his pseudonym at any time.”44

Also, a message or material can be distributed without a signature, and then it is recognized as editorial. That is, responsibility for its dissemination will lie entirely with the media editors.

In addition to the differences in the options for signing a message provided to a journalist by the Law, there are also differences in the legal consequences of distributing materials in in different forms. Thus, when distributing material under the real name of the author and in the event of claims for protection of honor and dignity, for example, regarding this message or material, the author of this material and the editorial office of the media that distributed it will be held liable. It will not be difficult to identify the real author, since his name is directly indicated as the author of the controversial message.

But if there is a fictitious signature under the material or there is no signature at all, then the only defendant in the claim for protection of honor and dignity remains the editorial office of the media outlet that disseminated this material. The author of unsigned material is not held accountable on the basis of Resolution of the Plenum of the Supreme Court of the Russian Federation dated August 18, 1992 No. 11, paragraph 6 of which establishes that when publishing or otherwise disseminating information discrediting honor, dignity or business reputation without indicating the name of the author, the defendant in the case is the editors of the relevant mass media. The Supreme Court of the Russian Federation named “editorial articles” as an example of material for which there is no author’s name.

Obviously, such legal regulation will also apply to those cases when there is a signature under the material, but this is a fictitious name (pseudonym). The fact is that in order to hold a journalist accountable for material distributed under a pseudonym, this pseudonym must be disclosed either by the editorial office, the editor-in-chief, or the author himself. In accordance with Part 2 of Art. 41 (“Confidential Information”) of the Law “On the Mass Media” “the editorial office is obliged to keep the source of information secret and does not have the right to name the person who provided the information under the condition of non-disclosure of his name.” The only exception to this rule are cases “when the corresponding demand was received from the court in connection with a case pending before it.” In fact, the author of a message or material can be recognized as a “source of information” or “a person who provided information” in the sense of Part 2 of Article 41 of the Law “On the Mass Media”. Referring to this norm, the editors not only can, but are also obliged to refuse the request to disclose the pseudonym of the author of the article, who submitted it under the condition of non-disclosure of his real name45. Disclosure of a pseudonym is possible only at the request of the court, formalized by a reasoned resolution or court ruling. The request of the prosecutor's office in this situation will be illegal.

It should be noted that the situation when law enforcement agencies turn to media editors with a demand to provide information about the author of an article “hiding” under a pseudonym is extremely common. In the case of the prosecutor's office, the basis for such a requirement is the Law "On the Prosecutor's Office of the Russian Federation". Paragraph 2 of paragraph 1 of Article 22 (“Powers of the prosecutor”) of this Law establishes: “The prosecutor, when performing the functions assigned to him, has the right to demand from managers and other officials: representation necessary documents, materials, statistical and other information, summon officials for explanations regarding violations of laws." Thus, as follows from the cited norm, the prosecutor may demand that the editorial office of the mass media, represented by its editor-in-chief, provide the necessary information. Often such necessary information is recognized information about the name of the author of an article published by him under a pseudonym or anonymously. And yet the Law on Mass Media is categorical - the editors have the right to disclose the name of the author only at the request of the court, but not the prosecutor.

The journalist also enjoys other rights granted to him by the legislation of the Russian Federation on the mass media.

This is said in part 2 of Art. 47 of the Law of the Russian Federation on Mass Media, which means that the list of rights of a journalist is not limited to the 12 points that are specified in Part 1 of Art. 47 of this Law.

Additional rights of journalists can be enshrined both in legislative acts and in departmental and by-laws, as well as at the level of an agreement between the journalist and the editorial office of the media. The law prohibits restricting human rights, but it naturally does not prohibit expanding them. The main thing is that the implementation of a particular right does not violate the rights and legitimate interests of other persons.

An example of other rights of a journalist is the right to be accredited. This right follows from Art. 48 of the Law of the Russian Federation on the Mass Media, which states that “state bodies, organizations, institutions, bodies of public associations accredit declared journalists, subject to the editorial staff observing the accreditation rules established by these bodies, organizations, institutions.”

Determining the range of rights and responsibilities of journalists is one of the most important elements of Russian legislation on the media, since the scope of these rights and responsibilities speaks to the essence of the professional activities of media workers. As we said, the specifics of the journalist’s profession allow him to enjoy rights that are not available to other citizens, but this also entails the obligation to fulfill a public duty. Most of these rights and responsibilities will be discussed in subsequent chapters; here we will focus on only a few of them that seem especially important in the context of this chapter.

First duty – keeping the source of information secret. This is one of the basic professional principles, the meaning of which is as follows. The benefit of public freedom is that people can fearlessly report on socially significant issues and events in the media, as well as discuss such events in the media - even if the information includes information about the unseemly acts and behavior of the informants themselves. At the same time, discussion in the media has greater social significance than directly finding and convicting the perpetrators. The introduction of such a rule provides protection both to the citizen, who, when disclosing information, no longer fears for his fate and well-being, and to the journalist, from the unusual role of an agent government agencies law enforcement.

At first glance, this norm contradicts the provisions Article 56 of the Criminal Procedure Code of the Russian Federation. The article provides a list of persons who are not subject to questioning as witnesses (lawyer, clergyman, etc.), which does not include media workers. But the existence of this list does not exclude the possibility of other cases of exemption from the obligation to testify. This possibility is expressly provided Constitution of the Russian Federation (Part 2 of Article 51), which allows us to overcome the indicated contradiction between the norms of the Law on Mass Media and the Code of Criminal Procedure of the Russian Federation.

Media Law states that a journalist or media editorial office does not have the right to disclose the source of information and name the person who provided the information under the condition of non-disclosure of his name (Part 2 of Article 41 and Clause 4 of Part 1 of Article 49). This is a duty. The exception is when relevant demands are received from the court in connection with a case pending before it. In accordance with the Law on Mass Media, a journalist does not have the right to disclose the name of a source either at the request of the police, or at the request of the prosecutor's office, or at the request of the Federal Security Service, but he is obliged to do so at the request of the court in connection with a case before that court.

Second right journalist who has a similar duty, – maintaining the reliability of information. Journalist, On the one side, has the right to check the accuracy of the information provided to him (clause 8, part 1, article 47 of the Law on Mass Media), on the other hand, he must ensure the accuracy of information before disseminating it (clause 2, part 1, article 49). The latter actually means that the journalist is responsible for every word written in an article or sounded in a television and radio program if he prepared a disseminated material.

The right to verify the information communicated to a journalist is the principle that allows him to demand an answer to a request, visit government bodies and organizations, be received by officials, gain access to documents and materials, make records, visit places of natural disasters and catastrophes, and have other rights, especially specified in Law on Mass Media (Article 47).

The obligation to comprehensively verify disseminated information, in turn, lies at the heart of socially responsible journalism, the rights of which are protected by media legislation. In this case, it does not matter whether we are talking about an article under the “Rumors” heading or about material on a news page. All information must be reliable (or at least should not affect anyone’s rights and interests). A journalist cannot say in a television program something like the following: “...we all know that the mayor of our city is an honest person who cares about the fate of the citizens and monitors the cleanliness and order in the city. And although last week the old women at the central market began to spread ridiculous rumors that the respected mayor takes bribes from his subordinates on Saturdays, while earning countless amounts of money for the construction of his dacha, we all understand perfectly well that this is complete stupidity, nonsense, and no one should believe in it.” From the very second these words are heard on the air, published in a newspaper, etc., a lawsuit can be brought against the journalist, both him and his editors can be held accountable, etc. All references to the fact that these are rumors, that the journalist himself does not believe in them, and no one will believe in them, the court is not obliged to take into account.

In this regard, we should dwell on the use of the imperfect form of the verb in Article of the Law on Mass Media “Responsibilities of a Journalist”:"A journalist is obliged check the reliability of the information he communicates" - namely check (but not check). The legislator, apparently, did not use the verb in the imperfective form by chance. Journalists do not have the opportunity to thoroughly verify the reliability of certain facts, unlike employees of the bodies of inquiry, investigation, prosecutor's office, and court. They cannot conduct graphological and other examinations, arrange confrontations, or organize other investigative activities to determine the authenticity of documents and the truth of someone’s words. That is, the results of checks carried out by journalists in many cases will not be able to 100% confirm the accuracy of the information they intend to disseminate. However, this does not mean that journalists should take their word for everything; they are obliged to do everything in their power to verify the accuracy of the information. These actions, as a rule, come down to interviewing objective eyewitnesses of events, receiving answers to official requests for information, searching in archives, etc.

The chapter is called “Responsibilities of a Journalist,” but a journalist also has rights. First, let's look at these rights listed in Article 47 of the Federal Law “On the Mass Media”.

Article 47 of the Federal Law “On the Mass Media”: rights of a journalist Law of the Russian Federation “On the Mass Media” (on the media) dated December 27, 1991 N 2124-1

A journalist has the right:

1) search, request, receive and disseminate information;

2) visit government bodies and organizations, enterprises and institutions, bodies of public associations or their press services;

3) be accepted by officials in connection with a request for information;

4) gain access to documents and materials, with the exception of their fragments containing information constituting state, commercial or other secrets specially protected by law;

5) copy, publish, announce or otherwise reproduce documents and materials, subject to the requirements of part one of Article 42 of this Law;

6) make recordings, including using audio and video equipment, filming and photography, except for cases provided for by law;

7) visit specially protected places of natural disasters, accidents and catastrophes, riots and mass gatherings of citizens, as well as areas in which a state of emergency has been declared; attend rallies and demonstrations;

8) check the accuracy of the information provided to him;

9) express his personal judgments and assessments in messages and materials intended for distribution under his signature;

10) refuse to prepare, under his signature, a message or material that contradicts his beliefs;

11) remove his signature from a message or material, the content of which, in his opinion, was distorted during the editorial preparation process, or prohibit or otherwise stipulate the conditions and nature of the use of this message or material in accordance with part one of Article 42 of this Law;

12) distribute messages and materials prepared by him under his signature, under a pseudonym or without a signature.

The journalist also enjoys other rights granted to him by law.

Russian Federation on the media.

Responsibilities of a journalist

The duties of a journalist in the law “On the Mass Media” are somewhat inferior in number to the rights of a journalist, but they are compensated for by some vagueness in their wording. It turns out that a journalist often has to deal with his new responsibilities in practice, which create additional difficulties for him.

Article 49 of the Federal Law “On the Mass Media” says the following:

The journalist is obliged:

1) comply with the charter of the editorial office with which he has an employment relationship;

2) check the accuracy of the information provided by him;

3) satisfy the requests of the persons who provided the information for an indication of its source, as well as for authorization of the quoted statement, if it is announced for the first time;

4) maintain the confidentiality of information and (or) its source;

5) obtain consent (except for cases when this is necessary to protect public interests) to disseminate information about personal life citizen from the citizen himself or his legal representatives;

6) when receiving information from citizens and officials, inform them about audio and video recording, filming and photography;

7) notify the editor-in-chief of possible claims and other requirements provided for by law in connection with the dissemination of a message or material prepared by him;

8) refuse the assignment given to him by the editor-in-chief or editorial staff if it or its implementation is associated with a violation of the law;

9) present upon request, when carrying out professional activities, an editorial ID or other document proving the identity and authority of the journalist;

10) comply with the ban on conducting election campaigning, campaigning on referendum issues when carrying out professional activities, clause 10 was introduced by Federal Law No. 94-FZ of July 4, 2003.

The journalist also bears other responsibilities established by the legislation of the Russian Federation on the media.

When carrying out professional activities, a journalist is obliged to respect the rights, legitimate interests, honor and dignity of citizens and organizations.

The state guarantees to a journalist, in connection with his professional activities, the protection of his honor, dignity, health, life and property as a person performing a public duty. Law of the Russian Federation “On the Mass Media” (on the media) dated December 27, 1991 N 2124-1

Let's try to comment on some of the responsibilities of a journalist.

A journalist is obliged to implement the program of activities of the mass media with which he has a contractual relationship, guided by current legislation.

Sometimes a journalist, on his own initiative, prepares a publication for his media outlet and then, after showing the publication material to the editor, is reprimanded for this. This naturally causes a certain negative reaction from the journalist.

But, what can you do, formally the editor is right, even if the journalist’s material is subsequently published. The journalist should not forget about production discipline, since he prepared the material without having an editorial assignment for it - using his work time, as well as property belonging to the media. The editor would be wrong if employment contract The journalist and the media were provided with the opportunity for the journalist to independently select stories or topics, that is, without the consent of the editor.

As they say in such cases, a step by a journalist away from the editorial policy of his media outlet can make him unemployed.

In order to avoid this, the journalist must have an appropriate agreement with the mass media, which must stipulate the rights and obligations of both the journalist and the media itself. This concerns the settlement of the relationship between the journalist and the media.

As for the relationship of the journalist with the outside world, we should not forget that the journalist has an editorial task when performing his professional duties

A journalist is obliged to check the accuracy of information and not disseminate information that does not correspond to reality.

It must be said that the failure of a journalist to fulfill this obligation is the main reason conflict situations between a journalist and the heroes of his publications, especially if the publications discredit their honor, dignity and business reputation. In addition, failure to fulfill this obligation often leads to legal proceedings. When publishing materials about any events or persons, it is necessary to have confirmation from another source of information, relevant documents, and in no case use information that the journalist doubts or does not have the relevant documents.

The “maybe” hope that one can get away with everything should be replaced by the availability of documents, which can then confirm what the journalist published in his media outlet. Hope for chance almost always brings a journalist to court. Defamatory information is such untrue information that belittles the honor and dignity of a citizen or organization in public opinion, or the opinion of individual citizens from the point of view of compliance with laws, moral principles of society, for example, information about the commission of a dishonest act, unworthy behavior in the work collective, in the family; information discrediting production and economic activities, reputation, etc. At the same time, demands to refute information containing factual criticism of shortcomings in work cannot be recognized as justified, in public place, in a team, in everyday life. In some cases, such information may be qualified by the Criminal Code as slander, that is, the dissemination of knowingly false information that discredits the honor and dignity of a person or undermines his reputation. And also as an insult, that is, humiliation of the honor and dignity of another person expressed in an indecent form. So, you need to be careful with the choice of words, since criminal liability is provided for slander and insult.

The information contained in the journalist's information must correspond to reality. In cases, even if the publication of such information caused some damage to the honor, dignity and business reputation of a person, but due to the fact that this negative information for the person actually took place, the journalist is not subject to criminal liability. Unfortunately, there are situations when a journalist tries to somehow illustrate his material, which he also received with some kind of photograph, and this photograph is not related to the events described by the journalist or, on the contrary, a photograph of a completely stranger is published. Such negligence can lead to litigation, which will clearly end not in the journalist’s favor.

The journalist is obliged to satisfy the requests of persons who provided information to indicate their authorship.

If such a request is received, the journalist is obliged to fulfill it. Thus, the journalist will fulfill the requirement of the law, and also indicating in the publication the source of the information will allow the journalist to shift responsibility for the content of the published information to the person from whom he received it.

Having received information from a person, the journalist does not need to then rephrase it in his own words. If the journalist does this, then he will thereby take full responsibility if this information turns out to be unreliable. And if this information, which may turn out to be unreliable, is conveyed directly to the consumer of the information by the person who provided the information, then responsibility will be assigned to this person.

A journalist is obliged to respect the legal rights and interests of individuals and legal entities, which includes obtaining consent to use audio or video recordings when conducting interviews with citizens.

Quite often, in his work, a journalist has to interview various people, and he believes that he then has the right to use the interview at his own discretion and thereby attracts legitimate criticism from the interviewee. IN best case scenario the interviewee will tell the journalist that he will never give him an interview again in his life, and in the worst case, he will sue if the journalist distorted something in the interview or added something of his own.

A journalist should know that an interview is the result of joint work, the person giving the interview and the journalist carrying it out. Everyone contributes, one prepares questions, the other answers them - this is the work of co-authors. Copyright in a work created jointly by two or more persons belongs jointly to the co-authors. Moreover, this work represents an inextricable whole. The right to the work of co-authors forming an inextricable whole belongs to the co-authors jointly and none of the co-authors has the right to prohibit the use of the work without sufficient grounds. It follows from the law that in such cases the journalist must decide for himself whether he has sufficient grounds for publication or not, if the interviewee refuses to consent to publication.

As for the journalist’s obligation to obtain consent to use audio and video recordings when conducting interviews with citizens, the journalist must know that such consent must be obtained only from the citizen; the law does not require this in relation to officials.

A journalist is obliged to respect the legitimate rights and interests of individuals and legal entities.

The presence of such an obligation is a landmine that can create additional problems for the journalist, since these legal rights and interests of individuals and legal entities are present in other legislative acts. Let's try to bring some clarity to this for the journalist. There is a “privacy” norm. And this norm is often used by various officials, confusing the concepts of their private life and their public activities as a civil servant or public figure.

Unfortunately, in the legislation there are no legal criteria for where public activity ends and private life begins for such persons and, vice versa, but what to do in cases where their combination may occur. The legislation provides for liability for the illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent, if these actions caused harm to the rights and legitimate interests of this person. From which it follows that if a journalist collects information about a person, then this must be done with the consent of that person.

Due to the nature of his work, a journalist has to deal with various areas of activity of different categories of the population. And in such cases, journalists can become unwitting disseminators of information that is not subject to disclosure. And responsibility for the disclosure of such information rests with other persons (doctor, lawyer, social worker, etc.).

An example can be given regarding information that a journalist wants to obtain in any medical institution, but for this it is necessary to obtain the consent of the head of the medical institution or the attending physician. Medical and pharmaceutical workers are obliged not to disclose information about diseases, intimate and family life citizens. The Criminal Code provides for liability for the disclosure of medical confidentiality. Also, criminal liability is provided for the disclosure of the secret of adoption against the will of the adoptive parent, committed by a person obliged to keep the fact of adoption as an official or professional secret, or by another person for selfish or other base motives. Journalists should also be aware of such things that not only the fact of contacting a lawyer is attorney-client privilege, but also other information related to the provision of legal assistance. And a lawyer who discloses information related to attorney-client privilege without the consent of the person who sought help is liable in accordance with the law.

In addition to receiving information from government agencies, journalists often turn to various business structures to obtain information. And in such cases, he is often refused to provide such information, citing the fact that it is a trade secret.

Let's try to figure out what information can be a trade secret and what cannot. A trade secret is understood as information that is not a state secret, related to production, technological information, management, finance and other activities of an economic entity, the disclosure of which may harm its interests. The composition and volume of information constituting a trade secret are determined by business entities, of which interested parties are notified in writing. It follows from this that if in the provision of information they refer to the fact that it is a trade secret, then this must be done in writing with reference to this. This will allow you to appeal the refusal to provide information in the future. Well, in those cases, if claims are made against a journalist that he has disclosed a trade secret, then these claims should not be an empty phrase, but confirmed by the fact that it really is such. If it is a trade secret, then damage must be caused, and if there is no damage, then there was no trade secret in that information.

For example, information related to state statistical reporting does not constitute a commercial secret. In addition, legislation or constituent documents may establish a list of information subject to mandatory publication. Such information includes data contained in the state register, balance sheet results of annual business activities, including balance sheet balance, the amount of the authorized capital, consolidated amounts of accounts payable and receivable, profit and loss account balance, information subject to publication in accordance with the rules of state statistical reporting. Here is another example of when a journalist’s actions are largely predetermined by law, and when a journalist is obliged to respect the legal rights and interests of individuals and legal entities.

A journalist is obliged to fulfill the duties assigned to him in accordance with current legislation.

This responsibility is one of the most difficult for a journalist. It is difficult to do something that the journalist does not know, and the other person is not going to inform him about it in a timely manner. We are talking about the so-called by-laws adopted by various government agencies.

This provision also indicates that the duties of a journalist discussed above may be periodically replenished in connection with changes in legislation.

Legislation includes both laws and an almost endless list of by-laws. And even if the journalist is familiar with the laws, the same cannot be said with regard to by-laws, which often have a direct impact on the activities of the journalist. And not because the journalist does not want to get acquainted with them, but because they often remain a document for internal use by the body that issued it. And in order for a journalist to become acquainted with them, he needs to make some efforts and skills, or go to court to have such a document canceled, since it will prevent the journalist from carrying out his professional activities.

Of course, regulation of the media through various by-laws provides great opportunities to influence the media. Moreover, such acts do not always become known to the public, which cannot always adequately respond to new by-laws of government agencies. The situation is somewhat different with regard to laws, since for them there is a certain procedure for their adoption and in such cases the media and journalists can make their proposals or at least calculate their actions in connection with the proposed changes in the law. Restrictions should be provided only by laws, and not by-laws. But practice shows otherwise, when more and more restrictions are provided for by-laws rather than laws. The burden of responsibility follows the journalist in shadow when performing his professional duties, and so that this burden does not become too much of a burden for the journalist, it should in some cases be transferred to other shoulders.

Examples of how a journalist should act when presenting information to an audience:

In such situations, the journalist is required to do one thing: indicate that the information was received from a specific news agency or the press service of a government agency. As a rule, structures (news agency or press service of government bodies) are always specifically defined, the status of which exempts the journalist from liability. The use of information received from the press services of various public organizations does not relieve a journalist from responsibility.

2. if the information is a verbatim reproduction of official speeches of deputies of representative bodies, officials of state bodies, organizations and citizens

In this case, verbatim reproduction of speeches means that the words in the journalist’s publication correspond to the words from official speeches or text. Verbatim reproduction means quoting. If this compliance is not met, the journalist may be held accountable.

This, first of all, has to do with pre-election battles, when in live broadcasts candidates allow themselves free statements about their opponents, for which they, and not journalists, should bear responsibility. Regarding the issue of editing, the Law “On the Mass Media” allows editing of reader letters. Other issues of text editing are not specified or specified by this law. But at the same time, it should be said that Article 143 of the Civil Code of the Russian Federation prohibits editing the answers of citizens for their publication in the mass media in relation to information discrediting the honor and dignity of citizens published in this mass media.

4. if this information was contained in messages required in accordance with Article 18 of the Law “On the Mass Media”.

This norm, in general, duplicates the already considered norm, which talked about information contained in official communications and documents.

In addition, we can say the following: in accordance with the law “On Regulatory legal acts» there is a certain procedure for the official publication of regulatory legal acts and the application of such regulatory legal acts after their official publication. The official publication of normative legal acts is also carried out by periodicals that have received this right on a competitive basis, in the manner determined by the Government of the Russian Federation. Unofficial publication of normative legal acts is allowed only after their official publication. From which you should pay attention to the following: there are official and unofficial publications. And if a journalist in his publication referred to an official publication that contained an error, then the journalist will not be held accountable. But if he refers to normative act in an unofficial publication that it contained this error, then in this case the situation will be different and they may be held accountable.

The Law of the Republic of Kazakhstan “On the Mass Media” in Chapter 5 provides for certain rights and obligations of a journalist. The legal system in Kazakhstan, as in other countries, is based on the rights granted by the Constitution and the Basic Law of the country, which guarantees freedom of speech and a ban on censorship. The Law of the Republic of Kazakhstan “On the Mass Media” gives a journalist the right to engage in his main professional activity. Article 20: search, request, receive and disseminate information. Due to his professional duties, a journalist must constantly search for information. However, he is granted a free search for any information by law. He has the right to visit government bodies, organizations of all forms of ownership and to be received by their officials in connection with the performance of his official duties, to attend all events held by the body that accredited him, except for cases where a decision has been made to hold a closed event.

The law provides for the use of technical means by a journalist with the help of which he can record information and later reproduce it in a radio or television program. A journalist has the right to make recordings, including using audiovisual equipment, filming and photography, except for cases prohibited by the legislative acts of the Republic of Kazakhstan. Upon presentation of an identification card, a journalist has the right to be present in the area of ​​natural disasters, at rallies and demonstrations, as well as other forms of expression of public, group and personal interests and protest.

When searching and requesting information, a journalist often has to turn to written sources, the owners of which do not always provide the journalist with the opportunity to get acquainted with them. By law, journalists are granted the right to gain access to documents and materials, with the exception of their fragments containing information constituting state secrets.

An important point in the process of obtaining this or that information is checking its reliability, accuracy, and compliance with reality. A journalist can clarify known facts, ask to confirm them, provide evidence to support this or that information, because he has the right to verify the accuracy of the information received. At the same time, he often has to turn to specialists when checking received information materials. This right is granted by the Law of the Republic of Kazakhstan. In addition, he also has to turn to witnesses, participants, eyewitnesses of the events to confirm the facts.

A journalist is given the right to distribute messages and materials prepared by him under his signature, under a pseudonym. It must be borne in mind that the conventional name pseudonym does not relieve one from moral and professional responsibility for the accuracy of published facts.

During the preparation of material for publication, significant changes in the text of the material or even the main meaning intended by the author may occur. In this case, the journalist has the right to refuse to publish the material under his signature, citing the fact that its content, after editorial editing, contradicts the personal beliefs of the journalist.

Experienced journalists, as a rule, have a fairly wide network of knowledgeable people working in various organizations and can report on upcoming events at any time. interesting events or important facts. The journalist “recruits” such people, as a rule, on the basis of personal contacts, good acquaintances or on the basis of a certain agreement. A journalist has the right to maintain the secret of authorship and sources of information, except in cases where these secrets are made public at the request of the court.

Along with rights, a journalist has responsibilities provided for by the Law of the Republic of Kazakhstan.

The journalist is obliged:

Implement the program of activities of the media with which it has a contractual relationship, guided by the legislation of the Republic of Kazakhstan;

Do not disseminate information that is not true;

Satisfy requests from persons who provided information to indicate their authorship;

Respect the legal rights and interests of individuals and legal entities; _ perform other duties assigned to him in accordance with the legislation of the Republic of Kazakhstan.

On the recommendation of the President of the Republic of Kazakhstan N. Nazarbayev, Art. 15.5, which provides for official liability, even criminal liability, for refusal to provide information. The Law of the Republic of Kazakhstan “On Mass Media” ensures information security of society and the individual. At the same time, the legislation makes the journalist responsible for the information disseminated. If the information is not true, the journalist bears, first of all, moral responsibility. In addition, the journalist may be sued demanding a retraction and compensation for moral damage. The number of such claims has increased significantly recently. A high level of professionalism and the trust of the readership and viewing audience are the two peaks that determine the place and role of a particular media outlet in the country’s information market.