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The State Duma is preparing to adopt a law that imposes heavy fines for intentionally searching the Internet for extremist materials, including circumvention of blockages using VPN services. In addition, the document provides for penalties for advertising VPN services themselves. According to the authors of the initiative, the new measures are designed to strengthen the fight against the spread of prohibited content and limit the use of tools to circumvent technical blockages. Izvestia tells how the new rules will change the Internet space and who will be affected by the restrictions.

What actions on the Internet can be fined for?

A draft amendment to the Code of Administrative Offences of the Russian Federation (CAO RF) has been submitted to the State Duma, which provides for fines for intentionally searching the Internet for knowingly extremist materials and gaining access to them, including through VPN services, as well as for advertising such services.

The initiative was sponsored by United Russia deputies Vasily Piskarev, Evgeny Moskvichev, Rahim Azimov, Ernest Valeev, Anatoly Vyborny, Alexander Khinstein (now acting governor of the Kursk Region) and Alexander Terentyev (Fair Russia — Patriots — For Truth).

The amendments propose to introduce a new Article 13.53 of the Administrative Code of the Russian Federation entitled "Searching for knowingly extremist materials and gaining access to them, including using hardware and software to access information resources, access to which is restricted." "Knowingly extremist materials" refers to links and content included in the official federal list of extremist materials.

According to the bill, fines can be imposed for several types of violations.:

— deliberate search of prohibited materials on the Internet;

— gaining access to them, including using a VPN and other services that allow you to bypass the blockages;

— advertising of software and hardware that provide access to blocked information resources — that is, advertising of VPN services and similar tools.

The specific amounts of fines are proposed to be set as follows:

For intentionally searching for and gaining access to extremist materials: for citizens — from 3 to 5 thousand rubles, for officials — from 10 to 20 thousand rubles, for legal entities — from 100 to 200 thousand rubles.

For the distribution of advertisements for VPN services and similar means of access (to be prescribed in Article 14.3 of the Administrative Code, as an addition to part 18): for citizens - from 50 to 80 thousand rubles, for officials — from 80 to 150 thousand rubles, for legal entities — from 200 to 500 thousand rubles.

The Ministry of Digital Development, Communications and Mass Media explained to Izvestia that the measures proposed by the deputies are aimed solely at protecting citizens from cyberbullying and creating a secure digital environment. They will help fight intruders and will not affect bona fide users. We are talking only about the deliberate search for such information, which must be proved by law enforcement agencies. Facebook Instagram or Facebook (owned by Meta, banned in Russia as an extremist organization) is out of the question.

The date of entry into force of the law is officially set for September 1, 2025. Since March 1, 2024, there has already been a ban on publishing information about ways to circumvent Roskomnadzor's locks, including the use of VPNs. And in November 2024, Roskomnadzor issued an order prohibiting the dissemination of scientific, scientific, technical and statistical information about VPN services used to bypass locks until September 1, 2029.

Izvestia sent a request to Roskomnadzor.

What is considered extremist materials and how will the control work?

Extremist materials in Russia are understood as information resources and content recognized as such based on court decisions and included in the official Federal List of Extremist Materials maintained by the Ministry of Justice of the Russian Federation. This list is regularly updated and contains books, articles, audio recordings, videos, and other media materials deemed to promote extremism, incite ethnic, religious, or social discord, or justify terrorism and violence.

All of these materials are prohibited from being used or distributed in Russia. Violation of this restriction entails administrative and even criminal liability.

Compliance with the ban will be monitored through comprehensive measures. Telecom operators and search engines will receive obligations to block access to extremist materials and record the facts of attempts to search and access. Owners of public Wi-Fi networks will also be required to respond to attempts to access such resources.

At the same time, the materials are considered extremist only after judicial recognition. You can check whether specific content is included in the list of prohibited materials on official websites, which contain an up-to-date list with detailed descriptions and court decisions.

However, it may be difficult to prove intent in viewing prohibited materials.

— The user may be held accountable if it is established that he purposefully searched or viewed extremist materials. At the same time, cases are possible when a user accidentally clicks on a link or is unaware of the nature of the content. However, in practice, the motive will be determined by law enforcement agencies," explained Elena Grin, associate professor at MGUA, chairman of the Rospatent Transparency Commission at the Civic Chamber.

According to the expert, from the point of view of law enforcement, it is quite difficult to prove the intentionally search based on the browser history alone, especially if there is no direct access to the user's device. The browser history itself does not always confirm the conscious nature of the actions: the user could get to the page by accident or by mistake. In addition, it is not possible to collect sufficient evidence of intent without excavating or electronically examining the device. In such cases, it is important to comply with the procedural guarantees provided for by law, for example, the status of witnesses during the inspection, judicial control over the seizure. Violations of these procedures may become grounds for declaring the collected evidence inadmissible.

This opinion is also supported by the head of the legal committee of the ARPP "Domestic Software", the head of the legal department, one of the owners of the company "EOS" Daria Shakhverdova.

— The main problem is the inability to accurately identify the violator. For example, a family may have one computer for everyone, or a person may transfer their phone to another. In such cases, it is difficult to say who owned the actions recorded in the browser. Since such situations will be widespread, the risk of mistakes and unfounded accusations increases in practice, which creates risks for both citizens and law enforcement officials," the speaker told Izvestia.

The expert also explained that VPN services themselves are not something illegal. Grounds for liability may arise in the case of the distribution of advertisements for such services. It is usually placed next to links to blocked resources and may affect users who are not fully aware of the possible risks.

Artyom Sheikin, first deputy chairman of the Federation Council Committee on Constitutional Legislation and State Construction, explained that responsibility comes only in the case of deliberate actions — when a person deliberately seeks and obtains access to materials recognized as extremist by a court decision and included in the official list of the Ministry of Justice. An ordinary user who, for example, accidentally opened a page or viewed content without intending to violate the law cannot be considered an offender. The amendments do not provide for total control of Internet requests. This law does not introduce new monitoring powers. The protection of users' personal data is ensured by the current legislation on personal data.

— Operators and Internet platforms provide information about possible violations only upon official requests from authorized bodies and in strict accordance with the legislation on personal data protection. All actions should be carried out with confidentiality and the minimum necessary amount of information provided," the senator explained to Izvestia.

What problems will the new law help solve?

The new bill aims to address several key issues relevant to Russia's modern digital environment. First, strengthening the fight against extremism and the spread of prohibited content. The Law creates additional mechanisms for preventing and suppressing access to materials that promote violence, incite ethnic and religious hatred, and support terrorist and other illegal activities.

Previously, Russian legislation lacked responsibility for the active consumption of such content. The new amendments will not only block, but also punish users who knowingly search for and view extremist materials. This will increase the level of information security and reduce the impact of destructive ideas in society.

Secondly, VPNs and other hardware and software tools allow you to circumvent the restrictions of Roskomnadzor, which hinders the effective fight against illegal content. The introduction of responsibility for advertising such services is an attempt to reduce their popularity and accessibility among a wide range of users, especially schoolchildren and young people.

In addition, the bill responds to the challenges of the modern information space, where hackers use anonymity, VPN and technical methods to spread destructive content, making it difficult for law enforcement officers. The use of fines and administrative measures can become a deterrent and reduce the spread of prohibited materials.

However, fines for VPN advertising can significantly reduce the legal promotion of such services on the Russian market, which may encourage them to move into the "gray" sphere, when VPN advertising and distribution will be carried out informally or anonymously.

— Such restrictions can make it difficult for users to find reliable information security tools, and for businesses, they can create additional barriers to the introduction and promotion of cybersecurity services, including legal solutions that do not involve circumvention of locks. Large international companies may abandon or reduce their presence in the Russian market due to the risk of large fines, which will affect the level of data security of Russian users," said Elena Grin.

At the same time, the law is aimed at creating a safer and more controlled digital space, where the state protects citizens from malicious and extremist information, and users receive clear rules and responsibility for actions on the Internet.

Переведено сервисом «Яндекс Переводчик»

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