Propaganda requires clarity – Newspaper Kommersant No. 215 (7416) of 11/21/2022

The publishers propose to finalize the bill on LGBT propaganda, clarifying a number of concepts. In particular, companies do not understand whether it is possible to mention non-traditional sexual relationships in books, for example, in a historical context. Also, publishers don’t know how to monitor the thousands of books that come out each month for infringement. Some market participants suggest delegating this to Roskomnadzor, but others are sure that as a result, the release of new books will seriously slow down.

Kommersant got acquainted with the proposals of publishers to change the bill on LGBT propaganda, as well as to monitor violations in new books. The document itself was submitted to the State Duma on October 20 and adopted in the first reading on October 27 (see “Kommersant” dated October 28). It introduces a complete ban on “propaganda of non-traditional sexual relations and preferences”, pedophilia, as well as a ban on the distribution among children of information that “demonstrates non-traditional sexual relations or can cause minors to desire to change their sex.” Last week, information appeared on the inclusion of gender reassignment issues in the law (see “Kommersant” dated November 18). For legal entities for the dissemination of such information, fines of up to 5 million rubles are provided. or stop work for up to 90 days.

The Eksmo-AST group, in a letter (Kommersant has it) sent in early November to the Russian Book Union (RKS), notes that the current version of the wording of the bill actually bans any information for minors related to non-traditional relationships.

“So, even if the context of the mention is a presentation of historical facts or there is a character in the book – a representative of the LGBT, formally this is a “demonstration of sexual preferences”, which means it is prohibited,” Eksmo writes. The Constitutional Court of the Russian Federation, in its ruling of September 23, 2014, noted that even among minors, information about non-traditional relationships in a neutral (educational, artistic, historical) context can be disseminated if it is devoid of signs of propaganda. The group proposes to supplement the bills with a similar wording.

At the same time, Alexey Ilyin, head of Alpina, adds, modern publishing houses do not have a system for censoring manuscripts, therefore, using current criteria and resources, “in fact, only one decision can be made – to stop publishing books that contain even the slightest mention of LGBT topics.

The interlocutor of Kommersant in one of the book services specified that the publishers had already proposed organizing a system for monitoring new books through Roskomnadzor.

It was about the fact that the author, publisher, bookseller or any other representative of the industry could receive from the department an opinion on the presence of a violation in a manuscript or a book that has already been published.

On samizdat platforms, for example, thousands of new works are published every month, and in the absence of clear evaluation criteria, it is difficult to independently identify violations, says the interlocutor of Kommersant: “The work of a censor who evaluates a book for compliance with the law costs an average of 100 thousand rubles. for the name.” He believes that it is logical to carry out monitoring of publications by Roskomnadzor using automated algorithms. The corresponding letter was sent to the department, the Kommersant source says, without disclosing the author and the date of the appeal. Roskomnadzor did not answer Kommersant.

However, Aleksey Ilyin is sure that the creation of an external censorship body, “which some market participants are asking for”, will cost the state billions of rubles and will lead to a halt in the release of new books. The bill also requires other clarifications, in particular, I would like to understand whether it has retroactive effect, Mr. Ilyin emphasizes: “If previously issued circulations are not withdrawn, this will mitigate the consequences for the market.”

According to the current version of the bill, the duty to ensure that the content of works does not contradict the norms of the law rests with the publisher, but the author and the seller also face risks, adds Dmitry Gorbunov, partner at the law firm Rustam Kurmaev and Partners.

He considers the likelihood of shifting responsibility to Roskomnadzor or another external body negligible: “In its form and content, this will be censorship, which is prohibited in the Russian Federation, and in order for Roskomnadzor, another body to be able to issue some kind of permission to publish this or that book, changes are needed in Constitution.”

The head of the State Duma Committee on Information Policy, Alexander Khinshtein, who oversees the finalization of the bill, told Kommersant that on November 21 an extended discussion of amendments to the draft for the second reading would take place. The RCC was invited to the meeting, the deputy specified: “I did not receive proposals from the RCC to correct the draft law. The deadline for submitting amendments has already passed. Nevertheless, it is technically possible to make an amendment on the day the bill is considered right at the meeting.”

Valeria Lebedeva