Russia’s “Fake News” Lawa quick translation
Russia’s new “fake news” law, passed on March 4 of this year, adds three new crimes to Russian’s criminal code. It’s been covered in the English-language press, with many mentions of fifteen-year jail sentences. Media outlets are shuttering or being shuttered on account of it. Emigres are citing it as a key sign they need to flee the country.
Here’s a quick translation, to make things concrete. Please note that I am not a Russian-qualified lawyer.
Article 207. Public Distribution of Clearly False Information About the Use of the Armed Forces of the Russian Federation
Public distribution, under the guise of reliable messages, of clearly false information, including material about the use of the Armed Forces of the Russian Federation with the goal of the defense of the interests of the Russian Federation and its citizens, supporting international peace and security —
punished by fine in amount from 700,000 to 1,500,000 rubles or in amount of salary or other income determined over a period from one year to eighteen months, or correctional labor for a term of up to one year, or forced labor for a term of up to three years, or loss of liberty for the same term.
The same conduct, committed:
as an individual with the use of their official position;
by a group of people, such group of people acting in collusion or as an organized group;
with artificial creation of evidence of guilt;
out of self-serving [venal, mercenary — trans.] motives;
based on political, ideological, racial, national, or religious hatred, or harm either based on hatred or harm in relation to any social group —
punished by fine in amount from 3,000,000 to 5,000,000 rubles or in amount of salary or other income determined over a period from three to five years, or forced labor for a term from five years with loss of rights to hold specified positions or conduct specified activities for a term of up to five years, or loss of liberty [imprisonment — trans.] for a term from five to ten years with loss of rights to hold specified positions or conduct specified activities for a term of up to five years.
Conduct, covered by part one or two of this article, if it brings about grave consequences —
punished by loss of liberty for a term from five to fifteen years with loss of rights to hold specified positions or conduct specified activities for a term of up to five years.
In essence, one new crime plus two “enhancement” provisions providing for harsher sentences. Key concepts here an indeed facially vague or conclusory.
Note that the Russian government has weaponized the concept of inciting hatred against dissidents for many years, both politically and legally.
The headline-catching fifteen-year prison penalty is in the last section, as one of the enhancements. I am not sure whether “grave consequences” is defined elsewhere for that section. I understand the same term has been expanded somewhat by decisions, in other contexts where it was not defined directly in the applicable law.
Article 280. Public Actions, Directed to the Discrediting of the Use of the Armed Forces of the Russian Federation with the Goals of the Defense of the Interests of the Russian Federation and its Citizens, Supporting International Peace and Security
Public actions, directed to the discrediting of the use of the Armed Forces of the Russian Federation with the goals of the defense of the interests of the Russian Federation and its citizens, supporting international peace and security, among them public calls to interfere with the use of the Armed Forces of the Russian Federation with such goals, committed by a person after their bringing to administrative responsibility for analogous activities within the course of one year —
punished by fine in amount from 100,000 to 300,000 rubles or in amount of salary or other income determined over a period from one year to two years, or forced labor for a term of up to three years, or arrest for a term from four to six months, or loss of liberty [imprisonment — trans.] for a term of up to three years with loss of right to hold specified offices or conduct specified activities for the same period.
Public actions, directed to the discrediting of the use of the Armed Forced of the Russian Federation with the goals of the defense of the interests of the Russian Federation and its citizens, support of international peace and security, among them public calls to interfere with the use of the Armed Forces of the Russian Federation with such goals, bringing about death by lack of care [akin to negligence — trans.] and/or cause of harm to the health of citizens, property, mass infractions of public order, and/or public security, or creating interference with the functioning of, or termination of the functioning of, a facility of life support [e.g. water, power, heating — trans.], transportation, or social infrastructure, credit organizations, energy facilities, industry, or communications —
punished by fine in amount from 300,000 to 1,000,000 rubles or in amount of salary or other income determined over a period from three to five years or loss of liberty [imprisonment — trans.] for a term of up to five years with loss of rights to hold specified positions or conduct specified activities for the same period.
Article 284. Calls for the Introduction of Measures of a Restrictive Nature in Relation to the Russian Federation, Citizens of the Russian Federation, or Russian Legal Entities
Calls for the implementation by foreign governments, governmental associations and/or unions, and/or governmental (inter-governmental) establishments of an international government or government association and/or union, of measures of a restrictive nature, expressed in the introduction of or in the extension of political or economic sanctions in relation to the Russian Federation, citizens of the Russian Federation, or Russian legal entities, committed by a citizen of the Russian Federation after their bringing to administrative responsibility for analogous activities within the course of one year —
punished by fine in amount from 500,000 or in amount of salary or other income determined over a period of up to three years, or limitation of freedom [akin to probation — trans.] for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or loss of liberty [imprisonment — trans.] for a term of up to three years with fine in amount up to 200,000 rubles or in amount of salary or other income determined over a period of up to one year or without such a fine.
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