Without trial. Power come on the Internet

Без суда и следствия. Власти наступают на Интернет

In Ukraine can appear obstacles for the Network

The government re-initiates consideration of proposal for blocking of free Internet sites.

In Ukraine appeared again attempts to gain control over the Internet space.

MP from the faction “people’s Front” Anton Gerashchenko offers at the state level to control the content and, if necessary, to block “offending” resources.

The Cabinet has registered in the Verkhovna Rada the draft law establishing the mechanism of pre-judicial blocking of sites on the basis of complaint by the right holder about the availability of pirated content.

Experts are sounding the alarm, because such initiatives can be used to stop operation of any portal.

Корреспондент.net understand what the authorities want from the Internet.

The proposal of the government

Bill No. 4629, the initiator of which is the Prime Minister Vladimir Groysman and the Cabinet of Ministers registered in the Parliament on 10 may.

The bill establishes limits of liability of site owners and hosting companies for posting pirated content, as well as prescribed rules of pre-trial blocking of sites.

According to the proposals of the government, the right holder in case of detection of pirated content sends to the owner of the website complaint, and that within 24 hours needs to block access to such content or delete it.

Без суда и следствия. Власти наступают на Интернет


The authors of the document noted that the quantity of illegal content that is distributed on the Internet, is constantly growing. It is therefore proposed to introduce a way of deleting or blocking of pirated content without the mandatory permission of the court.

The owner of the site “without delay, but no later than within 24 hours of receipt from the subject of copyright and (or) related rights or his authorized representative complaints, removes or makes impossible the access to information that you have received the complaint”, – said in the text of the bill.

From the owner of the site is also required, to prevent the occupancy of such content.

In order to make possible the submission of complaints, site owners must indicate online their full name or name and the host name, full address of the place of residence or stay email and phone numbers.

If the site owner has fulfilled the requirements of the applicant, the right holder refers to the hosting provider, which is obliged within 24 hours after receipt of the claim to remove or prevent access to information.

The penalties and requirements of personal data

In addition, the document establishes the right of the licensor to require the owner of the website the personal data of the user who posted the pirated content.

So in the Law of Ukraine “On copyright and related rights” proposed to make changes that will allow you to require the submission of information that identifies the user who posted the information on the site that violate copyright and (or) related rights, or the owner of the website, which uses the hosting services to host and provide access to information, that violate copyright and (or) related rights “.

The bill also establishes penalties for any failure to remove information that violates copyright.

Failure to comply with the site owner or hosting provider requirements to remove or prevent access to information, violating copyright and (or) related rights shall entail imposing a fine from 500 to 1000 thousand non-taxable minimum incomes of citizens – from 8 500 to 17 000 UAH.

Such actions committed repeatedly during the year, shall entail imposing a fine from one thousand to two thousand non-taxable minimum incomes of citizens – from 17 to 34 thousand hryvnia.

Experts vs

Experts call initiated by bill No. 4629 reincarnation withdrawn in mid-April of the bill No. 3353, which criticized the media lawyers.

Tatyana Popova, Deputy Chairman of Internet Association of Ukraine, sharply criticized the legislative initiative of the Cabinet of Ministers.

“It’s a lousy bill, a preliminary version of which market participants and experts suggested fix, but the new government has ignored these proposals,” she said.

Без суда и следствия. Власти наступают на Интернет


Lawyer and CEO of Axon Partners Dmytro Gadomsky said that the document does not take into account the interests of Ukrainian business, therefore, contrary to the national interest.

“It is obvious that all market participants against such approach”, – said the head of Axon Partners.

In fact, the ban can enter any content

“For example, someone posted a scientific article, but someone else will – if the bill will come into force is require to remove this material. It does not provided that is necessary to prove its authorship. There’s a problem here with impersonation. The creators of the bill pointed out that in order to prove their rights to the content, it is necessary to provide the document. What is the document is unknown”, – said the lawyer, senior partner of UK majors, Nersesian & partners Armen Nersesyan.

As noted by the managing partner of Prove Group Vladislav Kochkarov, the draft law contains no requirement that the owner of the website in any way established, if the content is indeed a violation of intellectual property rights.

“Yes, and how will they spend it? Especially if the requirement will apply to journalistic articles, works of art or anything like that. Even professional experts make such judgments for several months, and ISP needs for the day?”, – said Kochkarov.

Gerashchenko went even further

The MP believes that it is necessary at the state level to develop and approve the program of information policy of Ukraine, which would include control over the content, broadcasted using the licensed terrestrial TV channels, “to avoid statements that undermine state sovereignty and territorial integrity”.

Gerashchenko also offers to control the accreditation of journalists and foreign, primarily Russian media on the territory of Ukraine.

The MP support for the organization of legislative and technical possibility of blocking the Internet-resources inciting enmity, hatred and undermining national security of Ukraine”.