The lawyer warned about the responsibility for storing prohibited content on the phone

Even the technical storage of certain materials in smartphone memory or on digital platforms may entail legal consequences, including criminal liability. On August 3, David Adams, General Director of the Professional Legal Group AID, lawyer, told Izvestia about this.

According to him, the law enforcement practice of recent years has shown a tendency towards an expanded interpretation of crimes in the digital sphere, especially those related to state security, interethnic and interreligious relations, as well as private life.

Actions related to extremist content are particularly dangerous. Administrative fines under Article 13.53 of the Administrative Code of the Russian Federation and criminal liability under Articles 280 and 282 of the Criminal Code for public calls to extremism and incitement of hatred are provided for the dissemination of materials from the federal list of extremist. At the same time, courts often consider the very fact of storing such materials in a cache or download folder as the basis for initiating a case, especially if this is accompanied by other online activities.

"A separate risk is associated with photographing and distributing images of objects of defense significance. Article 284.1 of the Criminal Code of the Russian Federation provides for responsibility for facilitating activities against Russia's security, which can be applied even to accidental filming of military equipment or infrastructure," the expert added.

In the field of privacy protection, Article 137.1 of the Criminal Code prohibits the collection and distribution of intimate images without a person's consent, including storing such materials in phone drafts. Severe penalties of up to six years in prison are provided for trafficking in violent materials, especially involving minors (Articles 242 and 242.1 of the Criminal Code of the Russian Federation).

Adams stressed that after the legislative changes of 2023-2024, Russian law enforcement agencies can pursue violations committed through foreign platforms if the content is available in Russia. Using a VPN and foreign accounts does not exclude liability. The lawyer urged citizens to observe the digital prudence regime, taking into account the blurred boundaries between personal and public in the modern legal field.

Earlier, on July 31, Russian President Vladimir Putin signed a law that prohibits the advertising of VPN services. For example, for distributing ads for VPNs and similar tools that give access to banned sites, a fine of up to 80 thousand rubles will be imposed on Russian citizens, up to 150 thousand rubles for officials, and up to 500 thousand rubles for organizations. The relevant law will come into force on September 1.