How to avoid site blocking?

Contents:

• Who is authorized to block the site?
• Reasons for blocking the site;
• What actions need to be taken to unblock the site?

Who is authorized to block the site? 

When deciding to block a site, government agencies are required to act in accordance with Federal Law No. 149.

This law provides a large number of grounds for blocking any resource. Article 15.1 149-FZ and Decree of the Government of the Russian Federation of October 26, 2012 No. 1101 establish a list of bodies authorized to make a decision on blocking a site, and also introduces a register of sites containing information prohibited in Russia. Any resource for which such a decision has been made is included in this register. Inclusion of a site in such a register means restricting access to it in Russia. Internet providers rely on this registry and, when any site gets there, they suspend access to it. 

One of the most famous bodies that block Internet resources is Roskomnadzor. But one cannot blame Roskomnadzor for everything directly, since the list of persons authorized to make a decision on blocking the site is not limited to Roskomnadzor alone.

According to Decree of the Government of the Russian Federation No. 1101, the following state bodies, in addition to Roskomnadzor, have the right to make decisions on inclusion in the register:

• Ministry of Internal Affairs;
• The General Prosecutor's Office;
• Rospotrebnadzor;
• Courts;
• FTS;
• Federal Service for the Regulation of the Alcohol Market;
• Rosmolodezh;
• Roszdravnadzor. 

Roskomnadzor directly enters the site into the register, which is why it is so often mentioned as the initiator of the blocking, but this is not always correct.

Reasons for blocking the site

There are a lot of reasons for the possible blocking of the site, they are determined by the aforementioned legislation and are divided according to the areas of activity of state bodies authorized to make a decision on blocking. When placing information prohibited for publication, the resource will be blocked.

You cannot publish the following:

1. Publishing materials that violate copyright;
2. Extremist materials;
3. Suicide calls and any information about it;
4. Publishing fake materials;
5. Campaigning for illegal actions, information about unauthorized rallies;
6. Information about the methods of making narcotic drugs.

This list is not exhaustive, since all of the above state bodies are authorized to restrict access on their own grounds, in accordance with the main profile of their activities.

If your site contains information, the distribution of which is prohibited on the territory of Russia, then access to it will be restricted. Roskomnadzor does not notify site owners about their blocking, it is impossible to find out about the presence of such a decision in advance, for further challenging and ensuring the uninterrupted operation of the site.

Algorithm of actions to block the site:

1. The state body makes an appropriate decision to block the site;
2. Then Roskomnadzor notifies the owner of the site about the existence of a decision and about the presence of information prohibited for publication and offers to delete such information within 24 hours;
3. If you agree with the requirement, then you can voluntarily fulfill these requirements, notify Roskomnadzor and try to avoid blocking. If, within 24 hours after notification, you did not have time to satisfy the requirements of Roskomnadzor, it will block the site, but then unblocking will follow, after they receive all the necessary information about the removal of prohibited information;
4. If you do not agree with the demand, then these decisions are challenged in court.

What actions need to be taken to unblock the site? 

If you were not notified about the blocking of the site, then you need to understand the reason for this action. This can be done in the Roskomnadzor register, which indicates the blocked resources, the reason for the blocking and the state body that made the corresponding decision.

If you agree to meet the requirements, then you need to delete the information that led to the blocking and send a notification to Roskomnadzor. 

In case of disagreement with the decision, you must go to court, where in the statement of claim indicate the requirements for the cancellation of the decision on blocking. It is important to understand that in court proceedings you will have to prove the legality of the information you are distributing, which will be very difficult without proper legal support.

Thus, blocking the site, despite all the negative consequences, is not a reason for panic, since with a well-developed strategy and a developed line of defense, the success of appealing such a decision is several times higher. If you need assistance in challenging the decision to block the site, A4 Law Firm lawyers will provide you with professional assistance in interacting with Roskomnadzor and the courts.