Markets may oblige to prevent the distribution of materials containing obscene vocabulary

Owners of digital platforms may oblige to prevent the distribution of materials containing obscene vocabulary. Under the proposed regulation, according to the new version of the bill on a platform economy, publishing groups, in particular, fall. The Ministry of Economic Development assures that the norm is aimed at unifying existing rules: now this issue is regulated by the law “On the State Language”. Marketplaces note that for access to “18+” goods, the user must confirm his age, and publishers – that all goods with abuse have been marked for so long.

“Kommersant” got acquainted with the version of the bill on the platform economy of February 3, sent to the right to committee on administrative reform (it is headed by Deputy Prime Minister Dmitry Grigorenko). From the amendments it follows that the owner of the digital platform will be obliged to prevent the use of the site for the spread of materials that promote pornography, violence and cruelty, as well as “containing obscene abuse”. The Ministry of Economic Development clarified that the last issue is now regulated by the Law “On the State Language of the Russian Federation”, which provides for a direct ban on the use of obsceneity in information intended for consumers of goods. A similar veto is enshrined in the law « On Advertising ». “The norm designed by the bill is aimed at ensuring legal certainty in this matter,” the representative of the ministry assured.

The law is currently not forbidden to sell goods with obscene vocabulary in an online or traditional channel, says Artem Sokolov, president of the Association of Internet trade companies. The rules for its distribution, in fact, are similar to the above: « The product card on the site should be marked » 18+ « , as an option – the image is hidden in full or partly (it is possible to see entirely only after the age confirmation). »

The marketplaces assure that they comply with all the requirements of the current legislation relative to obscene vocabulary. The representative of the United company Wildberries and RUSS specified that the list of goods prohibited for the sale is reflected in the seller’s offer: “When accepting it, they confirm the full compliance of goods to all the laws of the legislation of the Russian Federation and the countries of presence, as well as the rules of the site.” Products intended for persons over 18 years old are located in the special section of Wildberries. In parallel on the marketplace, a set of specialized ML models operates, ensuring the moderation of goods cards based on “visual and text semantics”.

Ozon also noted that before entering the window, all cards are automated moderation. Containing obscene vocabulary are marked, go to the section for adults, the representative of the site said. The user must confirm his age, otherwise the section will be inaccessible, and the goods are “shut -off”, they say in the company. Yandex Market refused to comment.

The requirement itself, the leading legal adviser to the practice of intellectual property of the legal company, EBR Karina Lozhnikova calls it true: “Only the operator of the digital intermediary platform in this situation can successfully control the content placed by sellers.” At the same time, books are also completely falling under the alleged regulation, the participants of the media market say. In the largest in Russia, by the volume of non-periodic publications, the EXMO—AST publishing group specified that since March 2016, the requirements for printed products have been legally established, in which the author has been using obscene words for art or documentary purposes. Such products are already subject to sale in sealed packaging with mandatory labeling “contains obscene abuse” and an age limit of 18+. The company representative clarified that the requirements are applied to all sales channels. In Rosman and the Alpina Group of Companies refused to comment.

Julia Yurasova, Victoria Kolganova