Struggling to strike the right balance between interests at stake: The ‘Yarovaya’, ‘Fake news’ and ‘Disrespect’ laws as examples of ill-conceived legislation in the age of modern technology

E. Moyakine; A. Tabachnik

doi:10.1016/j.clsr.2020.105512

Struggling to strike the right balance between interests at stake: The ‘Yarovaya’, ‘Fake news’ and ‘Disrespect’ laws as examples of ill-conceived legislation in the age of modern technology

E. Moyakine, A. Tabachnik

Chaikin Chair for Geostrategy

Research output: Contribution to journal › Article › peer-review

Abstract

The article deals with the legislative amendments that have been recently adopted in the Russian Federation, the so-called ‘Yarovaya’ law, the ‘fake news’ law and the ‘disrespect’ law. It explains the essence and problems of implementation of the above-mentioned legal instruments and assesses them from the human rights angle. It is established that the rather complex laws under analysis pose significant threats to the human rights and fundamental freedoms of individuals, including privacy, data protection and freedom of expression, and introduce other additional negative effects to the Russian society and economy. While in the adoption of such legislation it is crucial to give due weight to the involved interests, the used examples indicate that the State's interests seem to prevail at the cost of the rights and freedoms of those who need to be adequately protected.

Original language	English
Article number	105512
Journal	Computer Law and Security Review
Volume	40
DOIs	https://doi.org/10.1016/j.clsr.2020.105512
State	Published - Apr 2021

Bibliographical note

Funding Information:
This work was supported by the Center for Cyber Law & Policy (CCLP) at the University of Haifa in conjunction with the Israel National Cyber Directorate in the Prime Minister's Office. It has been written as part of research conducted by the authors who would like to thank anonymous reviewers for their assessment and insightful comments. The views provided in the article are entirely those of the authors and shall not be associated with TLS, CCLP, the Israel National Cyber Directorate or any other entity or person. The authors and the above-mentioned entities or persons cannot be held responsible for any use of the information included in this article.

Publisher Copyright:
© 2020 E. Moyakine and A. Tabachnik

Keywords

Data protection
Disrespect law
Fake news law
Freedom of expression
Human rights
Privacy
Public safety
Public security
Russian legislation
Yarovaya law

ASJC Scopus subject areas

Business, Management and Accounting (all)
Computer Networks and Communications
Law

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.1016/j.clsr.2020.105512

Cite this

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abstract = "The article deals with the legislative amendments that have been recently adopted in the Russian Federation, the so-called {\textquoteleft}Yarovaya{\textquoteright} law, the {\textquoteleft}fake news{\textquoteright} law and the {\textquoteleft}disrespect{\textquoteright} law. It explains the essence and problems of implementation of the above-mentioned legal instruments and assesses them from the human rights angle. It is established that the rather complex laws under analysis pose significant threats to the human rights and fundamental freedoms of individuals, including privacy, data protection and freedom of expression, and introduce other additional negative effects to the Russian society and economy. While in the adoption of such legislation it is crucial to give due weight to the involved interests, the used examples indicate that the State's interests seem to prevail at the cost of the rights and freedoms of those who need to be adequately protected.",

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note = "Funding Information: This work was supported by the Center for Cyber Law & Policy (CCLP) at the University of Haifa in conjunction with the Israel National Cyber Directorate in the Prime Minister's Office. It has been written as part of research conducted by the authors who would like to thank anonymous reviewers for their assessment and insightful comments. The views provided in the article are entirely those of the authors and shall not be associated with TLS, CCLP, the Israel National Cyber Directorate or any other entity or person. The authors and the above-mentioned entities or persons cannot be held responsible for any use of the information included in this article. Publisher Copyright: {\textcopyright} 2020 E. Moyakine and A. Tabachnik",

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Struggling to strike the right balance between interests at stake: The ‘Yarovaya’, ‘Fake news’ and ‘Disrespect’ laws as examples of ill-conceived legislation in the age of modern technology

Abstract

Bibliographical note

Keywords

ASJC Scopus subject areas

UN SDGs

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