Not only Russian copyright, broadcast and digital law
The traditional mass media in Russia – traditional television and radio stations and print issues – are totally under control of the state. Most of them have also strong support from the state budget. But if these media provide information for huge massive audience, should they be liable for mistakes, i.e. for so called fake news made by mistake, omission or by any other reason. In other words, if traditional mass media provides incorrect information should it be liable?
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In Russia there is a law prohibiting the dissemination of explicit content in internet. The liability for violation of such law should bear also the owner of mass media or operator of web-site where the content is published or through with the explicit content is disseminated. The Russian online media resource Vedomosti has been fined for dissemination of explicit content despite the fact that there was warning and the content in question has been available on twitter through the link.
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The law on restrictions for news aggregators in Russia has passed first reading in Russian state duma. The amendments are to be made till the end of this year. The Russian IT company Yandex, operator and owner of service Yandex.News, and Russian ministry of communication (MinCom) did not like the draft law. Both believe the law provides excessive regulation.
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The new draft law – amendments to Russian law on information, its protection and informational technologies – has been introduced to Russian state duma. These amendments aim to limit permissible ownership share in news aggregators, operating in Russia, for foreign persons. All major Russian-baked news services – Mail.ru and Yandex.News – do not comply with proposed requirements.
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The increasing imbalance between powerful platforms and press publishers, which can also be news agencies, has already led to a remarkable regression of the media landscape on a regional level. In the transition from print to digital, publishers and news agencies of press publications are facing problems in licensing the online use of their publications and recouping their investments. In the absence of recognition of publishers of press publications as right holders, licensing and enforcement in the digital environment is often complex and inefficient.
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Presumption for publishers of press publications
Press publications contain mostly literary works but increasingly include other types of works and subject-matter, notably photographs and videos. Due to the large number of authors and rightholders involved in the creation of a press publication, licensing and enforcement of the rights in press publications are often complex and inefficient in the digital environment. Publishers may notably face difficulties when proving that they have been transferred or licensed the rights in such works and other subject-matter for the purposes of concluding licences or enforcing the rights in respect of their press publications.
Comments closedIt is necessary to define the concept of press publication in a way that embraces only journalistic publications, published in any media, including on paper, in the context of an economic activity which constitutes a provision of services under EU law. The press publications to be covered are those whose purpose is to inform the general public and which are periodically or regularly updated.
Comments closedThe proposed Publisher’s Right strikes a fair balance between the legitimate interests of all parties involved and therefore appears proportionate. It has been criticised that the decline in newspaper revenues does not have anything to with the activities of news aggregators or search engines.
Comments closedThe briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.
Comments closedThe briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.
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