The following statement signed by 52 international organisations was delivered by Article 19 at the UN Human Rights Council on 27 June 2018.
The following statement signed by 52 international organisations was delivered by Article 19 at the UN Human Rights Council on 27 June 2018.
Thank you Mr. President,
The Russian Federation is pursuing policies that are significantly and rapidly encroaching online freedoms affecting not only the rights of people living in Russia but Internet users everywhere. Through the steady adoption of a raft of regressive legislation contravening international standards on freedom of expression, including access to information and the right to privacy, as well as placing unjustified pressure on Internet intermediaries, the Russian Federation is creating a framework, which, if fully implemented, would not only severely limit the free flow of information online but potentially give them access to the personal communication data of anyone, anywhere.
Last month, ARTICLE 19 together with 56 international and Russian human rights, media and Internet freedom organisations condemned the mass Internet disruption caused by the Russian Federation’s attempts to block the Internet messaging service Telegram, which resulted in extensive violations of freedom of expression including access to information. Almost 20 million Internet Protocol (IP) addresses were ordered to be blocked causing an unprecedented level collateral website blocking.
The basis of the authorities’ action was Telegram’s noncompliance with the highly problematic 2016 so-called ‘Yarovaya Law’, justified on the grounds of “countering extremism”, which requires all communications providers and Internet operators to store metadata about their users’ communications activities, to disclose decryption keys at the security services’ request, and to use only encryption methods approved by the Russian government – in practical terms, to create a backdoor for Russia’s security agents to access internet users’ data, traffic, and communications. In July 2018, other articles of the ‘Yarovaya Law’ will come into force requiring companies to store the content of all communications for six months and to make them accessible to the security services without a court order. This would affect the communications of both people in Russia and abroad, violating their right to privacy and creating a further chilling effect to freedom of expression and access to information.
Such attempts by the Russian authorities to restrict online communications and violate privacy, supposedly for the protection of national security, are neither necessary nor proportionate. The Russian Government must repeal ‘Yarovaya Law’ and refrain from pressuring Internet intermediaries to comply with requests that will violate their users’ rights or face having their services blocked inside the country.
Since 2012, Russia has operated a blacklist of Internet websites and incrementally extended the grounds upon which websites can be blocked, including without a court order. The permanent blocking of several online media outlets and also LinkedIn – are completely unjustified and can only be seen as examples to intimidate others into compliance. Individual Internet users have also been persecuted for online expression or even simply liking or sharing content on social media platforms.
Legislation currently under consideration includes further social media regulation (Proposed Bill № 223849-7) which would among other concerns eradicate the possibility of online anonymity and pressure companies to take down “unverifiable” information; as well as proposed amendments to the Criminal Code (Article 284.2) (Proposed Bill № 464757-7) that would criminalise information leading to ‘international sanctions’, which could be used to prevent the media reporting on public interest matters or NGOs conducting international advocacy. Both pieces of legislation, if adopted, would have a negative impact on the free flow of information and should not be brought into law.
Signed by
Background Information
New Legislation
Yarovaya Law
Telegram Case
Russia: 50+ international and Russian NGOs condemn Telegram block and Russia’s assault on Internet freedom, 15 May 2018 – https://www.article19.org/resources/russia-international-and-russian-ngos-condemn-telegram-block-and-russias-assault-on-freedom-of-expression-online/