The Premier online cinema was fined for 4 million rubles for disseminating information about "non-traditional relationships" among minors

The Meshchansky Court of Moscow fined the Premier online cinema for 4 million rubles under the article on the distribution among minor information about “non-traditional sexual relations” (Article 6.21.2 of the Administrative Code of the Russian Federation). The reason was the films "Perfect Strangers" and "English Barber."

According to TASS, the protocol says that the online cinema did not put the “18+” labeling on these films. There was a “16+” restriction, but all subscribers had access to the ribbons. The case file also says that these films contain scenes "with a demonstration and description of homosexual relations."

According to Mediazona, the representative of the cinema Vladislav Veremaytsev said that the company is not guilty. According to him, after new articles appeared in the Code of Administrative Offenses about the “promotion of non -traditional relations”, the service asked the copyright holders to revise the age -related marking of the films, but did not receive an answer. In addition, Premier changed the marking of “ideal strangers” and “English barber” to “18+” immediately after he received a claim from Roskomnadzor, even before the protocol was drawing up.

Currently, the Russian Administrative Code has two articles in which we are talking about “propaganda” or “informing” LGBT:

• Article 6.21 “Propaganda of non -traditional sexual relations and (or) preferences, sex change”, where “propaganda” is understood as “the commission of public actions aimed at the formation of non -traditional sexual attitudes”; Part 2 is about the same acts “committed among minors”;
• Article 6.21.2 “Distribution among minor information that demonstrates non -traditional sexual relations and (or) preferences or capable of causing minors the desire to change gender”: here we are talking about any information “demonstrating non -traditional sexual relations”, even if it cannot be interpreted as “propaganda”.

As the lawyer and human rights activist Maxim Olenichev told The Insider, the Law on LGBT Propagand is formulated in such a way that it can be applied arbitrarily, and people cannot in practice understanding what the prohibitions are, for the violation of which they can be held accountable.

“If content falls under informing, then so that online services are not brought to administrative responsibility [under Art. 6.21.2 Code of Administrative Offenses], you need to comply with at least two conditions: marking “18+” and a preliminary dick before the user entering the site “Are you 18 years old?”. When answering the question “No 18 years”, access to the site should not be provided. If these conditions are met, then it is impossible to attract according to the mentioned article.

When the information that the state qualifies as “gay propaganda”, compliance with the conditions (“18+” and the preliminary dick) does not exempt from administrative responsibility under Art. 6.21 Administrative Code.

What is the difference between “gay propaganda” and “informing”? The law does not answer this question. Only the court can give it when considering a specific case of an administrative offense. ”

In 2014, the Russian Constitutional Court issued a decision in which it indicated that propaganda is an active imposition of ideas and values. As Olenichev notes, “when considering cases, Russian courts, as a rule, do not go into such details”:

“In 2017, the ECHR issued a decree in which he indicated that the Russian law on“ gay propaganda ”violates human rights. The design of the “gay propaganda” itself is artificial, therefore there are many questions to apply such the norms of the law in practice. Such propaganda does not exist in reality. ”

Earlier today, the court fined the Russian Report for 500 thousand rubles under the article on “Propaganda” by LGBT among minors (part 2 of article 6.21 of the Code of Administrative Offenses). The occasion was the series “Made in Italy” shown by Kinoliving .