Legal Information Services from the European Audiovisual Observatory A Landmark Order: for Mass Media • online at http://www.obs.coe.int/about/order • by email: [email protected] • by fax: +33 (0) 3 90 21 60 19 20111 in Russia IRIS Newsletter The IRIS Newsletter is a topical and reliable monthly information service covering all legal LEAD ARTICLE developments in Europe relating to the audiovisual sector. IRIS covers all areas of law relevant Legal Observations to the audiovisual sector. The main emphasis of the IRIS articles is on legal developments in Russia’s Modern Approach to Media Law of the European Audiovisual the fi fty or so countries that make up greater Europe. IRIS reports on media legislation in the Observatory broadest sense, as well as major developments in case law, important administrative decisions, Procedure for the Adoption of Resolutions and policy decisions which will potentially affect legislation in this fi eld. Foundations of the Media Regulation Online, Free of charge! A free subscription and the complete IRIS newsletter are available from the IRIS website: Censorship http://merlin.obs.coe.int/newsletter.php Title of the Media Online Media IRIS plus Legal, technological or economic developments in the audiovisual sector generate immediate priority information needs for professionals. IRIS plus identifi es these issues and provides the Access to Information A legal hot topic examined relevant legal background. It features a combination of a lead article, related reporting and Transparency of Court Proceedings from different angles a Zoom section, comprising overview tables, market data or practical information. This brand Protection of Journalists’ Privileges new format provides you with the knowledge to follow and join in the latest and most relevant Public Interest discussions concerning the audiovisual sector. For more information: http://www.obs.coe.int/irisplus Protection of Con­ dential Sources Moral Damages Abuse of the Freedom of Mass Media IRIS Merlin The IRIS Merlin database enables you to access nearly 5,000 articles reporting on legal events of relevance to the audiovisual industry. These articles describe relevant laws, decisions of various Suspension of Activity/Coverage Database on legal information courts and administrative authorities, and policy documents from over 50 countries. They also relevant to the audiovisual report on legal instruments, decisions and policy documents of major European and interna- sector in Europe tional institutions. RELATED REPORTING Free access at: http://merlin.obs.coe.int Recent Decisions of the European Court of Human Rights on Freedom of Expression IRIS Special The themes chosen for our IRIS Special publications are all topical issues in media law, which we explore from a legal perspective. IRIS Special publications offer detailed surveys of Comprehensive factual relevant national legislation facilitating the comparison of the legal frameworks in differ- ZOOM information coupled ent countries, they identify and analyse highly relevant issues and outline the European with in-depth analysis or international legal context that infl uences national legislation. IRIS Special publications Resolution of the Plenum of the Supreme Court explore their legal themes in an extremely accessible way. You don’t have to be a lawyer to read them! Every edition combines a high level of practical relevance with academic of the Russian Federation on the Judicial Practice Related rigour. to the Statute on the Mass Media For a list of all IRIS Specials, see: http://www.obs.coe.int/oea_publ/iris_special/index.html IRIS plus 2011-1 A Landmark for Mass Media in Russia 24,50 - ISBN 978-92-871-7050-7 IRIS plus 2011-1 A Landmark for Mass Media in Russia ISBN (Print Edition): 978-92-871-7050-7 ISBN (PDF-Electronic Edition): 978-92-871-7053-8 Price: EUR 24,50 Price: EUR 33 European Audiovisual Observatory, Strasbourg 2011 IRIS plus Publication Series ISSN (Print Edition): 2078-9440 ISSN (PDF-Electronic Edition): 2079-1062 Price: EUR 95 Price: EUR 125 Information services Director of the Publication: for the audiovisual sector Wolfgang Closs, Executive Director of the European Audiovisual Observatory E-mail: [email protected] It is the task of the European Audiovisual Observatory to improve transparency in the Editor and Coordinator: audiovisual sector in Europe. It does this by collecting, processing and publishing up-to-date Dr Susanne Nikoltchev, LL.M. (Florence/Italy, Ann Arbor/MI) Head of the Department for Legal Information information about the various industries concerned. E-mail: [email protected] The Observatory has adopted a pragmatic defi nition of the audiovisual sector in which it Editorial Assistant: works. Its principal areas of interest are fi lm, television, video/DVD, new audiovisual media Michelle Ganter services and public policy on fi lm and television. In these fi ve areas, the Observatory provides E-mail: [email protected] information in the legal fi eld as well as information about the markets and fi nancing. As far as its geographical scope is concerned, the Observatory monitors, records and analyses Marketing: Markus Booms developments in its member states. In addition, data on non-European countries is also made E-mail: [email protected] available when judged appropriate. The various stages involved in providing information include the systematic collection and processing of data as well as its fi nal distribution to Typesetting: our users in the form of print publications, information on-line, databases and directories, and Pointillés, Hoenheim (France) our contributions to conferences and workshops. The Observatory’s work draws extensively Print: on international and national information sources and their contributions of relevant Pointillés, Hoenheim (France) information. The Observatory Information Network was established for this purpose. It is Conseil de l’Europe, Strasbourg (France) composed of partner organisations and institutions, professional information suppliers and selected correspondents. The Observatory’s primary target groups are professionals working Cover Layout: Acom Europe, Paris (France) within the audiovisual sector: producers, distributors, exhibitors, broadcasters and other media service providers, international organisations in this fi eld, decision-makers within the Publisher: various public bodies responsible for the media, national and European legislators, journalists, European Audiovisual Observatory researchers, lawyers, investors and consultants. 76 Allée de la Robertsau F-67000 Strasbourg The European Audiovisual Observatory was established in December 1992 and is part of the Tel.: +33 (0)3 90 21 60 00 Council of Europe thanks to its status as a “partial and enlarged agreement”. Its offi ces are Fax: +33 (0)3 90 21 60 19 E-mail: [email protected] in Strasbourg, France. The Observatory’s membership currently comprises 37 European States www.obs.coe.int and the European Union, which is represented by the European Commission. Each member appoints one representative to its board, the Executive Council. An Executive Director heads the international Observatory team. Contributing Partner Institutions: The Observatory’s products and services are divided into Institute of European Institute for Moscow Media Law four groups: Media Law (EMR) Information Law (IViR) and Policy Center í Publications Franz-Mai-Straße 6 Kloveniersburgwal 48 Moscow State University D-66121 Saarbrücken NL-1012 CX Amsterdam ul. Mokhovaya, 9 - Room 338 í Information on-line Tel.: +49 (0) 681 99 275 11 Tel.: +31 (0) 20 525 34 06 125009 Moscow Fax: +49 (0) 681 99 275 12 Fax: +31 (0) 20 525 30 33 Russian Federation í Databases and directories E-mail: [email protected] E-mail: [email protected] Tel.: +7 495 629 3804 í Conferences and workshops www.emr-sb.de www.ivir.nl Fax: +7 495 629 3804 www.medialaw.ru European Audiovisual Observatory 76 Allée de la Robertsau – F-67000 Strasbourg – France Tel: +33 (0) 3 90 21 60 00 – Fax: +33 (0) 3 90 21 60 19 www.obs.coe.int – E-mail: [email protected] Please quote this publication as: IRIS plus 2011-1, A Landmark for Mass Media in Russia, (Susanne Nikoltchev (Ed.), European Audiovisual Observatory, Strasbourg 2011) © European Audiovisual Observatory, 2011 Opinions expressed in this publication are personal and do not necessarily represent the views of the Observatory, its members or the Council of Europe. 2011-1 p.1 A Landmark for Mass Media in Russia © 2011, European Audiovisual Observatory, Strasbourg (France) 2011-1 p.3 Foreword When on 15 June 2010 the Supreme Court of the Russian Federation adopted Resolution No. 16 “On the Judicial Practice Related to the Statute of the Russian Federation ‘On the Mass Media’”, the first international voice applauding this step was that of Dunja Mijatovic, the OSCE Representative on Freedom of the Media, who called it a “landmark resolution” and “a commendable effort to bring Russian court practice in line with international media freedom standards”.1 In addition to its paying tribute to international standards, the Resolution merits recognition as it shows how Russian Media Law may be adapted to the changed media environment, a task that the Russian legislator has not explicitly handled and that therefore has become an issue for the courts. In several of the 38 points contained in the Resolution, the Supreme Court instructs lower courts as to how to interpret and apply the Statute on the Mass Media of 1991 to digital and Internet based services in today’s market. Through these instructions, as well as via its comments on other areas relevant to the media, the Supreme Court fills in the gaps in the overall legal framework applicable to mass media. The Resolution provides more than simply guidance for Russian courts. It offers an approach to a more modern legal framework that Russia might provide for the audiovisual sector. For this reason, the content of the Resolution needs to be made accessible to a much wider audience than Russian courts. This requires translating the original Russian text into other languages, on the one hand, and explaining its meaning and context to readers who lack education in the Russian legal system, on the other hand.