Correlation between administrative responsibility for dissemination of deliberately misleading information and legal guarantees of freedom of expression and press freedom

Abstract

This article examines the problem of correlation between the guarantees of freedom of expression and press freedom and the ban on dissemination of deliberately misleading information, established by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation. Based on the use of relevant general scientific and special legal methods, the author reveals the peculiarities of administrative responsibility for the dissemination of deliberately misleading information, as well as determines the problematic aspects of the current legal regulation. Analysis is conducted on the composition and elements of an administrative offense set by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation. For establishing correlation between the guarantees of freedom of expression and press freedom and the ban on dissemination of deliberately misleading information, relying on the theoretical material and practice of application of the norms of the Administrative Code of the Russian Federation, the author covers the aspects of formulation of the categorical apparatus of the indicated norm, proportionality of the specified administrative responsibility and difficulties of proving the guilt of the offender. The scientific novelty consists in the fact that this topic has not previously become the subject of separate research. The author formulates the provisions, according to which the current version of the Administrative Code of the Russian Federation with regards to the norm set by the Part 10.1 of the Article 13.15 allows for extensive interpretation of information prohibited for dissemination, and makes it virtually impossible to prove the falsity of disseminated information. The conclusion is made that the application of the norm set by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation may entail the restriction of guarantees of the freedom of expression and press freedom.