Maxim Ali has discussed with Telesputnik magazine how the ban on LGBT propaganda in Russia will affect video services

Maxim Ali - Partner

On 27 October 2022, the State Duma unanimously adopted amendments to legislation banning LGBT propaganda in Russia under the threat of a fine of up to RUB 5m and expulsion from the country for foreigners. Maxim Ali, Partner and Head of IP/IT practice at Maxima Legal, estimated that the bills are likely to lead to the banning of all controversial material by cinemas, media and all those in charge of enforcing the new law.

“From the point of view of the market participants, LGBT propaganda has fallen in line with pornography and extremism. The amendments prohibit the promotion of non-traditional sexual relationships in the media, news aggregators, online and offline cinemas, advertising not only among minors, but everyone in general,” Maxim told Telesputnik magazine.

The expert also noted that it should be understood that the law distinguishes between propaganda and demonstration of non-traditional relationships. As Maxim Ali explained, “LGBT propaganda is the most widely prohibited, the demonstration so far is only banned in advertisements and in information for minors. Plus, citizens under the age of 18 are now not allowed to show anything that “may cause a desire to change sex”.

However, Maxim pointed out the question: where is the line between LGBT propaganda and demonstration? “The line is very thin and in practice will almost certainly be solved with the help of an expert. The criteria that the Constitutional Court tried to introduce in 2014 are also very vague. For example, it said that it is not propaganda to present information solely in a neutral (historical, artistic, educational) context. The main thing is that the information should not be “aimed at shaping” the wrong preferences. Looking at court cases, propaganda has been considered very broadly. In one case, a court found the intention to draw the attention of society and the authorities to the problems of sexual minorities to be propaganda. In another case, a court was not convinced by the argument that a public call for a tolerant attitude towards LGBT people and a demonstration of peaceful intentions is not propaganda,” Maxim Ali gave examples.

In addition, Maxim Ali saw an inconsistency in the bill: “The Law on the Protection of Children from Harmful Information prohibits propaganda on TV and radio about non-traditional relationships from 4:00 to 23:00. In the new draft law this ban will not work formally because of the renumbering of the items on the list of prohibited information. The point is that the ban on LGBT propaganda will appear in the new clauses, which are not referred to by the ban on broadcasting LGBT information from 4pm to 11pm. This is more of a typo that happens with bills. On the other hand, even with this wording, little will change for TV channels and radio as virtually all of them will be subject to the new restrictions imposed by the media law”.

To read the full article (in Russian) please visit Telesputnik publishing website >>>