Ukrainian providers continue to block access to banned Russian social networks and Internet resources. But in Ukraine, 5 thousand providers and all control is simply impossible. Immediately after the entry into force of the decision on blocking the Russian social media “Today” reported that neither the presidential decree nor a decision of the Council, neither the legislation does not provide for liability of ISPs for access to restricted content. “This is some political document that is designed to provide tool providers and public organizations for self-regulation,” explained the state Secretary of the Ministry of information policy Artem Bidenko.
The rights and duties of providers regulated by the law on telecommunications. The corresponding article 40 of the law provides no responsibility, no penalties for accessing banned content. At the same time, the law entitles the national Commission, carrying out state regulation in the sphere of communication and Informatization to establish penalties for providers. What she may 17, the day after the entry into force of the presidential decree, in fact, have used. Articles 145 and 148-2 KU administrative offences provides for responsibility of providers for violation of the conditions and rules regulating activities in the sphere of telecommunications and use of radio frequency resource. For this, providers can be fined 1700 – 5100 UAH. For violation of the order and conditions of provision of communication services in public networks – a fine of from 850 to 1700 UAH.
However, to stop the activities of unscrupulous providers is possible only by court order. Moreover, according to MPs, even if the law on telecommunications and KU administrative offences and gives the national Commission the right to fine the guilty providers, it is easy to challenge in court. Direct responsibility for access to restricted content corresponding article 40 of the law on telecommunications and KU administrative offences do not provide. That is why, according to the MP from NF, member of the parliamentary Committee on issues of freedom of speech and information policy Sergey Vysotsky, you need to change the law.
As stated by the Director of the Department of communication, Ministry of internal Affairs Artem Shevchenko, people’s Deputy from SF Anton Gerashchenko working on such a bill. The BPP also promised to join the work. While parliamentarians have not disclosed details of their developments. But unofficially hinted that we should talk about the fines much higher current.
“Fines must begin from 10 thousand UAH at least, if not more, says “Today,” one of the Ukrainian high-ranking officials. But we also need to think about amendments to the copyright law and the new comprehensive bill, which would allow to strengthen the fight against hackers. Since Russia’s intervention in the American elections, the constant Russian attacks on websites of government agencies (especially Ministry of defense, the national security Council, etc.), in war we must take appropriate measures.”
The interior Ministry agree that the penalties for unscrupulous providers need to increase significantly and prepared through the Department of police of national police to join the drafting of the bill that it was discussed at least in the first reading before the end of this session – until 14 July. “I think we will need to make changes in several legislative and normative acts. No doubt, this responsibility for the failure of this presidential decree and the decision of the NSDC providers need to take. Because in other circumstances it is quite difficult will stimulate the business to act in the interests of the state. First and foremost, the focus should be on high enough penalties. Nothing makes any businessman and that, in principle, any person, as a blow to the pocket. This is an old and proven truth. If there are already certain people will say to lie in the plane of such blatant disregard and provocative orientation of these actions, then it is possible to envisage other forms of punishment. But first and foremost, I think, should be a question of appropriate penalties financial sanctions”, – said the “Today” the adviser to the interior Minister Zoryan Shkiryak.
We will remind, on may 15 the President of Ukraine Petro Poroshenko signed a decree enacted the decision of the Council of 28 April 2017 “On the use of personal special economic and other restrictive measures (sanctions)” in respect of a number of Russian companies. The decision of the Council proposed three-year freeze of assets of Russian sites “Odnoklassniki”, “Vkontakte”, “Mail.”ru and “Yandex”, and ban Ukrainian Internet providers to access specified resources.