President of Belarus Signed Decree on Regulation of Internet
1 February 2010 the President of Belarus Aliaksandr Lukashenka signed his Decree No. 60 called "On Measures to Improve National Segment of Internet Network". The decree provides for certain measures of regulation of Internet in Belarus. It will come into force 1 July 2010.
Here are comments of the leaders of the Belarusian Association of Journalists about the issue.
Andrei Bastunets, media lawyer, Deputy Chairperson of BAJ
"The main point is that the decree has been signed. Thus, the intrigue about whether it is going to happen or not, is over. I can divide the decree into three logical parts.
The first part is explanation of necessity of adoption of the decree, but it is present there rather for audience who is not very much aware of this field. For instance, the decree dwells about openness of activities of state bodies, about what their web sites must contain, etc. But these issues are provided for in other legislation acts, e.g. in the Law "On information, Informatization and Information Protection."
The same can be said about a provision on defending the copyright. The Belarusian Law "On Copyright and Allied Rights" gives possibilities to protect them, and the main obstacle here is not absence of extra legislative acts, but the amount of law charge one has to pay to bring such cases to court.
Still, I can state that the requirement to put hyperlinks to sources of information of articles by information agencies and media outlets can be regarded as well-grounded.
The second part of the decree touches upon commercial activities in Internet in Belarus. And it seems like opinions previously expressed by major "players" on Belarus Internet field have been set aside.
From 1 July 2010 commercial activities with usage of Internet in Belarus must be conducted by legal entities after their registration in the Ministry of Communication and Informatization. Moreover, these legal entities should "ensure moving to information networks, systems and resources of the national segment of Internet network, placed on the territory of the Republic of Belarus."
The third part of the decree concerns Internet users. In particular, the decree goes that "Internet services providers are obliged to conduct identification of subscribers" units, and to ensure registration and keeping records of information about subscribers" units, as well as about the Internet services rendered." Besides, Internet-cafes will have to ensure registration and keeping of personal data of Internet users and the Internet services provided to them.
Paragraph 8 of the decree states that upon a request of a user Internet services providers may limit access to "forbidden" information. But we can conclude from the following text that such restriction or limitation can be done even without a request. And the decree provides for a possibility to block a web site that violates rules set by the decree – such web site can be blocked within one day upon a request by "authorized bodies."
Previously I admitted that a draft decree had a positive feature, which was differentiation between liability of web sites and of people who actually posted something at web sites. Unfortunately, this approach was eliminated. So far the text of the decree does not touch upon activities of information resources in the Belarusian segment of Internet, but we will be able to analyze it in detail only after 1 May 2010. By that time a governmental decree will be issued with details on particular implementation of provisions of the presidential decree."
Zhanna Litvina, Chairperson of BAJ
"After the first draft decree had become public, a discussion in media started. The high-ranked officials were for sure trying to influence public opinion and to prepare it to adoption of the decree. We have heard several times about the society being concerned with defending morality from threats of Internet. Not long ago, the Operations and Analytical Center attached to the President received the authority of a special service, including the field of Internet. At the same time the authorities promised there would not be any censorship in Internet. And so, the decree has been signed. It is difficult to evaluate right now all the possible outcomes of its adoption, the decree has to be studied by experts. I guess a full-fledged expertise by international bodies, such as OSCE and the Council of Europe, would be helpful."
Andrei Aliaksandrau, Deputy Chairperson of BAJ
"The decree refers to definitions of the Law "On information, Informatization and Information Protection" and contains definitions of its own, which are so cumbersome and broad that can be applied to any information in Internet. It is absolutely clear that the state is going to establish total control over everything which is done in Internet in Belarus – both over what is placed there, and what people find and read there.
The overall impression from the decree is that it gives possibilities for unlimitedly broad treatise of its provisions and pointed repressions. For example, it gives possibilities to block access to any web site – and to do this legally.
On one hand, the decree provides for a significant increase of presence of official information in Internet, and it will be done in a typical style of the present authorities – with a personal liability of heads of all the state enterprises and organizations.
On the other hand, the decree gives broad possibilities and legal grounds for closing down of independent sources of information. And it will be Internet providers who will be used for that. And the authorities will then give some nonsense explanations about "interrelations of legal entities", just like they do it in case of a problem with distribution of non-state newspapers in Belarus."
