The Basic Law was in cover – Newspaper Kommersant No. 3 (7448) dated 01/11/2023

The Ministry of Internal Affairs of the Russian Federation initiated two administrative cases against the book publishing house Popcorn Books. The first concerns the ban on LGBT propaganda, the second concerns petty hooliganism. State Duma deputy Alexander Khinshtein, who told about this, clarified that he demanded that the publishing house be held accountable for placing quotes from the Constitution of the Russian Federation on prohibited literature. Mr. Khinshtein assured Kommersant that he did not ask the Ministry of Internal Affairs to arrest the publishing house employees under the article on petty hooliganism.

On December 9 last year, deputy Alexander Khinshtein told in his Telegram channel about the book publisher Popcorn Books, which “decided to enter into an open battle with the state and society.” Mr. Khinshtein argued that the publisher, not complying with the new laws banning LGBT propaganda, was packaging books that mention same-sex relationships in covers with quotes from Art. 29 of the Constitution of the Russian Federation (guarantees freedom of speech and prohibits censorship).

“Freedom of speech does not mean permissiveness,” Khinshtein explained.

He expressed his fear that, citing the Basic Law, publishers would start selling “Nazi or reactionary literature, such as Mein Kampf or Wahhabi teachings.” On December 12, the deputy appealed to the Ministry of Internal Affairs, the Prosecutor General’s Office, Rospotrebnadzor and Roskomnadzor with a demand to involve Popcorn Books under two new articles of the Code of Administrative Offenses – “propaganda of non-traditional sexual relations and (or) preferences, sex change” (Art. 6.21 of the Code of Administrative Offenses) and “propaganda of pedophilia” (Art. 6.21.1 of the Code of Administrative Offenses).

These norms recall, developed by Mr. Khinshtein together with almost 400 colleagues. The amendments, which include a complete ban on “propaganda of non-traditional sexual relations and preferences”, pedophilia, as well as a ban on the dissemination of information among children “demonstrating non-traditional sexual relations or capable of causing minors to desire to change their sex”, entered into force on December 5. Responsibility for LGBT propaganda for individuals is up to 400 thousand rubles, for legal entities – up to 5 million rubles. For promoting pedophilia, legal entities may face a fine of up to 10 million rubles. Both norms provide for the possibility of suspension of the company’s activities for up to 90 days.

Book publishers criticized project at the stage of discussion for vague wording. Kommersant’s interlocutors, in particular, did not understand whether it was possible to mention non-traditional sexual relations, for example, in a historical context.

Nevertheless, publishers began to monitor the literature and removed some of the works from sale. The first case of violating the ban on LGBT propaganda was initiated against a sex worker in Moscow at the end of December. On January 6, the court fined a man for prostitution for 1.5 thousand rubles. and 100,000 rubles for promoting non-traditional relationships.

January 10 Alexander Khinshtein published letter Deputy Minister of the Ministry of Internal Affairs of the Russian Federation Alexander Gorovoy, in which it is reported that on December 28, “according to information about the dissemination of information that is prohibited and expressing disrespect for the Constitution of the Russian Federation,” the department initiated two administrative cases against Popcorn Books. The cases concern LGBT propaganda (Article 6.21 of the Code of Administrative Offenses) and petty hooliganism (Article 20.1 of the Code of Administrative Offenses; for individuals, the punishment can reach arrest of 15 days, for legal entities – a fine of up to 100 thousand rubles). According to them, “administrative investigations are being carried out,” the deputy minister of the Ministry of Internal Affairs assured the deputy. The letter also refers to the possible composition of the third offense – the rules on “protecting children from information that is harmful to their health” (Article 6.17 of the Code of Administrative Offenses). Violation can threaten the company with a fine of up to 50 thousand rubles. or suspension of work for up to three months. The Ministry of Internal Affairs is asking Roskomnadzor and Rospotrebnadzor to sort this out.

“Kommersant” failed to get a comment from the Ministry of Internal Affairs on the grounds for initiating a case of hooliganism against a book publisher.

Alexander Khinshtein, in turn, said that this is the first case initiated under a new article on LGBT propaganda, and expressed the hope that it “will go to court.” In an interview with Kommersant, he noted that he also did not know the grounds for holding the publishing house liable for petty hooliganism and “did not ask” the Ministry of Internal Affairs about this.

The reason for the latter could be quotes from the Constitution of the Russian Federation on the covers of “forbidden” books, lawyers of the Center for the Protection of Media Rights believe (included in the register of foreign agents).

The fact is that this norm implies, among other things, responsibility for “disrespect for the authorities”, and the Basic Law is also included in the list of objects of “disrespect”.

Lawyers and lawyers interviewed by Kommersant call the combination of accusations of “petty hooliganism” and LGBT propaganda a legal precedent: “these are completely different compositions,” explains lawyer Anna Plyusnina. Lawyer Alexander Pikhovkin recalls that in 2019 the article on “petty hooliganism” was supplemented with a part about disrespect for state symbols. The obligatory sign in the form of “obscene language in public places” has been replaced by a streamlined form “about insulting human dignity and public morality,” says Mr. Pikhovkin: “There is no legislative definition of decency. This formula can be applied to any legal relationship. A bunch of administrative hooliganism with publishing activity is a short story.

Maria Starikova