Mikhail Tretyak: "We are following the Turkish route of the Internet regulation"

Mikhail Tretyak -partner and head of IT/IP practices of the Digital Rights Center Law Firm. Especially for Republic, he told how and why the Russian authorities are now strengthening the regulation of social networks, whether we are going here along the Chinese path (no spoiler), as well as whether the Runet is possible.

-The other day, the FAS opened a case against Google due to the “dominant position” of YouTube. Roskomnadzor demanded from Google, Facebook and Twitter until the end of May 2021 to confirm the localization of databases of Russian users in the Russian Federation. As for Twitter, the RKN (for now) changed his mind to block it, but continues to slow down . There are many such news recently. Can we talk about increasing pressure on Western Internet companies?

- Of course, there is such a trend. Just in different cases, different tools are launched. In the same case, against Google, the FAS refers to Part 1 of Article 10 of the Federal Law “On Protection of Competition”, according to which the actions (inaction) are prohibited by the dominant position of the economic entity, the result of which are or may be the prevention, restriction, elimination of competition and (or) infringing the interests of others (business entities) in the field of entrepreneurial activity or an uncertain circle of consumers. ”

Since it is YouTube that occupies a significant part of the market and is much more popular than the same “suddenly resurrect” Rutube, apparently, for example, the blocking on the Crimean Crimea TV channel and restrictions on the Crimean show. The path to homeland ”is precisely because their blocking“ infringes on the interests of an indefinite circle of consumers ”. It is clear that a certain political background can exist here, and Google does all this for a reason - perhaps on its own initiative, and possibly, in agreement with the bodies of the jurisdiction where they are based, that is, the United States. And from the point of view of Russian government agencies, this is discrimination.

Let me remind you that at the end of December 2020, in Russia, without any public discussion, a package of laws aimed at strengthening control over the Internet, primarily, social networks. In particular, on February 10, amendments to the Federal Law “On measures of influence on persons involved in violations of the fundamental rights and freedoms of a person, rights and freedoms of citizens of the Russian Federation” came into force. According to them, online platforms that limit the distribution of materials of the Russian media, the traffic slowdown, fines of up to 3 million rubles may threaten. And complete blocking. It is obvious that this measure is directed against foreign social networks and to protect against subsequent locks of such media as the same “Tsargrad” or RT.

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