A Critical Comparative Analysis of the President's Decree on Measures to Improve the Use of the National Segment of the Internet Network: The Case of Belarus

Abstract

Nowadays a global trend of escalation of state interference in the Internet can be monitored. Previously emerged as free medium for communication and dissemination of information the Global network is becoming a subject of various regulations. States in different edges of the world enact law regulating relations in the Internet which are often challenging and controversial. Interesting example of Internet regulation has been enacted in Belarus. In this paper the author compares new Belarusian law in the scope of EU Directives and national laws in other countries regulating the Internet. The President Decree No. 60 on Measures to Improve the Use of the National Segment of the Internet Network entered into force on 1 July 2010. Belarusian legislators trying to fill in the legal gap in Internet regulation have made rather ambitious attempt to cover various Internet fields in one legal act: the right to access to information; regulation of the Internet business; data retention; Internet content regulation and filtration of harmful content; liability of ISPs. The author aims to analyse the scope, legal effect and possible legal problems of the new legislation and its influence on the development of the Internet in Belarus.