The decision to recognize the activities of Meta as extremist has been published

The decision of the Tverskoy District Court of Moscow has no analogues in the history of legal proceedings in extremist cases.

March 28, 2022 on the Tverskoy website of the Moscow District Court published the text of the decision dated March 21 in the case of recognition of extremist activities of Meta Platforms Inc., the owner of Facebook, Instagram and whatsapp.

Recall that the lawsuit on the recognition of Meta's activities as extremist was sent to the Supreme Court 11 March (initially, apparently, it was supposed to be recognized as extremist the entire activity of the company, but then the requirements were reduced to the recognition extremist activities of Facebook and Instagram). We also recall that on the same day the Investigative Committee filed against unnamed employees of the corporation a criminal case under Art. 280 of the Criminal Code (calls to extremism) and 205.1 of the Criminal Code (assistance to terrorism).

The reason for these actions of departments served as a statement made by the management of Meta on March 11: the corporation then announced the decision not to delete posts with calls for violent action in against the Russian military stationed on the territory of Ukraine. Corporation indicated that this decision does not apply to the ban on posting with calls for violence against Russian citizens not participating in a special operations on the territory of Ukraine. Meta later changed its position and announced the inadmissibility of Russophobia and calls for violence against citizens of the Russian Federation, however, the decision of the Tverskoy Court did not affect this statement - the court considered that the company simply trying to avoid responsibility for his extremist actions.

The Prosecutor General's Office applied to the court a lawsuit in the interests of an indefinite circle of persons to ban the activities of the American transnational holding company Meta Platforms Inc. for implementation products - social networks Facebook and Instagram on the territory of the Russian Federation on the grounds carrying out extremist activities", indicating that the company "in for a long time, violations of Russian legislation are allowed in the field of countering extremist activity, and corporate policy Meta is directed against the interests of the Russian Federation and its citizens, creates threat to public safety, life and health of citizens of the Russian Federation, state security".

It is clear that the claim was made in a few days, and the department did not strive for a careful selection of materials on who cited, substantiating the requirement for recognition of the activities of Meta extremist. Part of the materials cited by the prosecutor's office, published platform users, in our opinion could cause justified claims law enforcement officers, the claims to the part still seem unlawful to us, some materials are not described at all, only a general description of them is given. orientation. It is also quite clear that in this case the intention of the authorities was not in the suppression of some specific offenses, but in limiting the activities of previously blocked Facebook and Instagram in general. Note that as claims, and the court decision did not affect the activities of WhatsApp due to its lack of "functions for the public dissemination of information" (the statement is controversial, probably, in fact, the authorities simply did not dare limit the activities of one of the main messengers in the country).

It is characteristic that if previously similar violations of social networks became the subject of consideration of cases on administrative offenses under Art. 13.41 of the Code of Administrative Offenses, and within the framework of Art. 15.1 and 15.3 of the Federal Law "On Information, information technology and information protection", then in this case these the norms were considered "insufficient and disproportionate", and the prosecutor's office referred to the extremely general provisions of the Civil Code - paragraph 1 of Art. 10 ("not exercising civil rights solely with the intent to cause harm to another person, actions bypassing the law with an unlawful purpose") and Art. 12 (“one of the ways to protect civil rights is to suppress actions that violating a right or endangering its infliction).

The court's reasoning satisfied, and he recognized the activities of the Meta company as extremist "in parts of placement, distribution and failure to take measures to block materials, containing calls for the implementation of violent extremist actions nature in relation to citizens of the Russian Federation and changes in the foundations constitutional system, as a result of which such illegal activities must be terminated." The court decided to ban Meta's activities implementation of products-social networks Facebook and Instagram in the territory Russian Federation on the grounds for carrying out extremist activities.

It should be noted that the decision regarding Meta has no analogues in the history of Russian legal proceedings on extremist cases, since in this case the extremist it was the activities of the organization that were recognized, and not the organization itself, its websites or individual materials. Since such a ban in Russian legislation not spelled out, its legal implications are unclear.

So, for example, the consequence the decision of the Tverskoy Court could be the blocking of Facebook and Instagram, however it was implemented earlier out of court at the request of the Prosecutor General's Office. But there are others Aspects. So, since Meta is not banned as an extremist organization, it is impossible prosecute for the dissemination of its symbols under Art. 20.3 of the Code of Administrative Offenses displaying symbols of extremist organizations. Not applicable in this case and bringing to criminal liability under Art. 282.2 of the Criminal Code for the organization activities of an organization that is prohibited as extremist, or participation in her. It is not clear how the financial relationship with the company will be treated, since in this case liability under Art. 282.3 of the CC must follow, if it can be shown that such funding was used to prepare or committing crimes of an extremist nature.

Anyway, confession Meta's extremist activities have created a situation of legal uncertainty. AND although the decision of the court recorded that the “measures of the judicial protection do not limit the actions on the use of the company's software products Meta individuals and entities not participating in prohibited by law activities", Russian users of Facebook and Instagram are potential offenders, which creates an effect of uncertainty and fear, which, probably, and calculated the authorities, who are pushing citizens in every possible way to so that they go to law enforcement-controlled Russian platforms.

Sources

• Information on civil case No. 02-2473/2022 // Tverskoy District Court of Moscow. 2022. March 28.