Право на защиту от негативного информационного воздействия в сети Интернет: теоретико-правовой аспект

Abstract

The article substantiates the need to recognize the right to protection against negative information impact as a fundamental right, or its separation from the right to privacy. The state of the current legal regulation of legal relations on the Internet related to the dissemination of information is investigated. Attention is paid to the problem of striking a balance between human and civil rights and freedoms, on the one hand, and public safety, on the other. The existing legal norms establishing mechanisms to combat harmful information on the Internet are analyzed. It is recommended to consolidate the concept of negative information impact. It is proposed to divide the negative information impact on the Internet into two groups. The first group would include information that has a deleterious effect both on relations within society in general (extremist materials, information aimed at inciting hatred, inciting violence, etc.) and on citizens’ health and development (information aimed at driving a citizen to suicide, etc.). The second group is proposed to include undesirable information that attracts the attention of a person against his or her will. The positive and negative features of the experience of the European Union countries in the regulation of legal relations in the Internet are noted. The importance of enshrining in the legislation of the Russian Federation the concept of the right to protection from negative information impact is substantiated. The mechanism of realization of the right to protection from negative information impact through the assessment by law enforcement bodies of the legislation for the presence of potential disproportionate interference of information in the life of individuals and society is proposed. The provisions of the current domestic legislation as well as the doctrinal works on the subject were used as the sources for the study.