Kirill Katkov explained to Telesputnik whether information disseminated by foreign agents is considered to be knowingly false by default and whether it is possible to remove such information

Telesputnik magazine drew attention to the numerous lawsuits for protection of business reputation filed by individuals and businesses against VChK-OGPU Telegram channel, which was recognised by the Ministry of Justice as a foreign agent in July 2024. At the request of the publication, Kirill Katkov, Associate at Maxima Legal, helped to understand whether information disseminated by foreign agents is considered knowingly false by default and whether it is possible to remove such information.

In particular, Kirill explained that granting a Telegram channel the status of a foreign agent does not mean that, from the point of view of the law and order, any information posted on the channel is automatically recognised as untrue. ‘In order to recognise them as such, as well as defamatory of honour, dignity or business reputation, the person concerned must file a corresponding claim with the court. If the court satisfies the demand, the applicant is entitled to appeal to the administration of the messenger to remove such information. Based on media reports, such requests are considered and satisfied,’ the lawyer emphasised.

At the same time, according to Kirill, for Roskomnadzor to block the information, it is not enough for the court to recognise it as defamatory and untrue. It is also necessary for the applicant to file a demand with the court to remove this information. However, as the expert pointed out, ‘the problem here is the anonymity of the owners of the channel – without information about the owner, the court will not consider the claim. This explains the increased practice of filing lawsuits that are limited to the requirement to recognise the information as defamatory and untrue.There is no need to involve the owner of the channel to consider such a claim,’ Kirill Katkov said.

As Kirill explained to Telesputnik, deanonymisation of the owners of Telegram channels with an audience of over 10 thousand users can be considered as an attempt to combat the illegal behaviour of anonymous owners of Telegram channels. However, according to the expert, the effect of this law, perhaps, will be limited, because for failure to comply with the requirement of deanonymisation will be followed by a restriction in monetisation, but not blocking the channel.

To read the full article (in Russian), please see Telesputnik magazine`s website >>>