Уголовно-правовые пределы выражения своего мнения

Abstract

In the age of the Internet, the question of defining the limits of expression in the media, in particular on the Internet, is particularly relevant. With the advent of the digital era, more and more attention is paid to crimes occurring not in reality, but in the network, and extremism becomes a phenomenon that steadily pops up in the news feeds. High-profile cases in which law enforcement officials are trying to prosecute for inciting hatred for images, reps and likes demonstrate the need to distinguish between expression and extremism. The main difficult issues of estimation of such crimes are considered: the vague framework of the main «extremist» clauses (280 and 282 of the Criminal Code of the Russian Federation), used as a pretext for restricting the activity of citizens by law enforcement agencies, the actions of which sometimes do not correspond to a potential threat; the difficulties with the definition of extremism itself and, as a consequence, the possibility to place under its concept any material; the subjective nature of linguistic expertise, in which the views of experts may be the opposite. It was noted that, as a result, an unlawful decision can significantly complicate a person’s life, since recognition of the activities as extremist brings a number of additional restrictions: economic, political, labour. In this regard, it is argued that it is necessary to distinguish between mere expression of opinion and actual incitement to hatred. However, it is also noted that a clear legislative distinction is questionable against the background of precedents that have already occurred. It concluded that criminal prosecution for opinions on the Internet should be the exception, not the rule.