On Monday, April 23, Roskomnadzor fined the online newspaper Znak for publishing a video containing obscenities. Later, the RKN sent a protocol where it listed five swear words that should not be written or spoken in the media. Thus, the department has clearly indicated that it refers to obscenities for which it can ban the media. Medialeaks has compiled them into one list.
One of the latest victims of Roskomnadzor’s struggle for the purity of the Russian language was the online newspaper Znak. On Monday, April 23, the publication received a notification from the supervisory authority. RKN accused the newspaper of publishing a video containing obscenities and imposed an administrative fine. Deputy editor of Znak Dmitry Kolezev spoke about this on the publication’s official Telegram page.
A few days later, on April 27, the RKN supplemented the notification with an official protocol, in which it explained what words journalists were not allowed to write (and say). The document listed in vivid colors everything that media representatives should know about swearing, so it is better for moralfags to refrain from viewing it. For the same reason, we cannot publish it, but it is our duty to warn you about taboo words.
The task is complicated by the fact that for partial censorship of these words using asterisks, lines or any other symbols, the publication will also be fined, and a ban is not far off. The same Kolezev reported this on the newspaper’s Telegram channel.
RKN refers to the opinion of Doctor of Philology I. A Sternin, who considers five words of the Russian language, as well as their derivatives, to be obscene. Medialeaks has attempted to list these words without abusing the freedom of the media.
The first of these obscene expressions became the most common colloquial version of the word denoting the male genital organ. This expression can be found in such a product of folk art as a saying with a mention of the writer Leo Tolstoy, indicating to a person an excessive exaggeration of his own capabilities: “In words you are Leo Tolstoy, but in reality...”. Of course, we present an unfinished version of the expression.
In second place is a similar five-letter name of the female genital organ. In the list of obscenities from the RKN, it is used in two versions - the most colloquial and well-known (and in some circles serves as an answer to the question “Yes?”), as well as another one, which in its sound and spelling is very similar to the word “mandate”, however does not contain voiceless consonants and at the same time rhymes perfectly with the first (more familiar and traditional version).
The following dirty word refers to what moms and dads do behind closed doors. The most colloquial version of this action, which you are unlikely to use in front of your parents, is that same swear word.
The last swear word, noted by the RKN, is often used by Russian-speaking people as an interjection in moments of deep mental distress. In addition, according to the version proposed by Roskomnadzor in the protocol, it means “a woman of dissolute behavior.” This swear word also causes controversy among young spelling fans who cannot decide whether it ends in “d” or “th”.
Media outlets that do not censor these five words, as well as all variants resulting from them, will receive notifications from Roskomnadzor. At the same time, the list of prohibited words includes swear words formed incorrectly or with errors. A word is considered obscene if it contains the root of a prohibited word.
They also tried to understand Russian swearing in the States. Buzzfeed journalists carefully translated and described it for their compatriots. But it turned out that understanding them is not so easy. As a result, Russian readers explained to journalists why they should not confuse female organs with male ones.
And in Canada, chocolate manufacturers directly named their products with the word SHYTE, which in Old English means exactly what you definitely won’t eat. But, as it turned out,...
It depends on who. In the summer of 2014, a legislative ban was introduced on the use of obscene language in the media, and also partially on the Internet. This ban applied to both registered media and three-thousand-strong bloggers included in the register of bloggers maintained by Roskomnadzor.
2. What kind of registry of bloggers is this?
Like this: a register of sites and (or) pages of sites on the Internet on which publicly available information is posted and accessed during the day by more than three thousand Internet users.
For bloggers included in this register, there was an obligation to “Not allow the use of a site or a page of a site on the Internet... for the distribution of materials containing obscene language.” But on July 30, 2017, the register of bloggers was abolished! In this regard, Roskomnadzor stopped maintaining it. Bloggers no longer have a legal obligation not to swear.
3. I am a modest blogger, but I regularly swear on my blog and in comments on others’ pages. What will happen to me for this?
Most likely nothing will happen. It is prohibited to use obscene language in a public place, in the media, during public performances of literary works and works of folk art, in theatrical productions, at concerts and other entertainment events, as well as when showing films in cinemas. As a punishment for using obscene language,Art. 20.1 Code of Administrative Offenses of the Russian Federationsmall fines applyor administrative arrest for up to fifteen days. At the same time, the Internet in judicial practice is not a public place. That is, most likely nothing will happen to a blogger, but nothing will happen to a registered media outlet!
4. What will the media do for obscene language?
In the article 4 Laws “On the Media” - Inadmissibility of abuse of freedom of the media - there is a provision that the media cannot be used to disseminate materials containing obscene language. For violating this norm, the media is punishable by a fine of up to 3 thousand rubles for an individual, up to 20 thousand rubles for an official and up to 200 thousand rubles for a legal entity.
If Roskomnadzor's search program detects obscene language in online media, it is sent an order to remove the obscene language within 24 hours. For online media, a warning may also be issued at the same time. This is very bad for the media, since two warnings within a year give Roskomnadzor the right to go to court with a demand to revoke the media certificate. After this, the media may stop working altogether. From recent examples - in November 2017, Roskomnadzor againissued a warning to The New Times for material with obscene language with links to other resources.
It is noteworthy that other swear words that are not included in the Roskomnadzor list can be used in the press and on websites with an age limit of “16+”, and on radio and television - after 21.00.
5. Which words are considered obscene language?
The recommendations published on the Roskomnadzor website state thatThere is currently no unified list of obscene swear words. However, there is an opinion among experts that obscene words and expressions include:
- obscene designation of the male genital organ,
- obscene designation of the female genital organ,
- obscene designation of the process of copulation,
- obscene designation for a woman of dissolute behavior,
as well as all linguistic units formed from these words.
6. What if the media marks most of the swear words with asterisks?
It won’t work: for abbreviations (like B****), when the word is not obvious, but is implied, Roskomnadzor still punishes. In this case, the following wording is acceptable: “a word starting with the letter “b” or “x”. Roskomnadzor perceives euphemisms or rhyming words (“damn” or “kick”) as an attempt to comply with the law.
You can swear in a foreign language - you won’t be punished for it ☺. TO as stated in the same recommendations, « Identification of foreign swear words and expressions is not grounds for prosecution.”
7. How does Roskomnadzor look for swear words on the Internet?
Roskomnadzor monitors the media and blogs using a special search program. At the same time, it does not matter when exactly the obscene words were published, the main thing is to protect readers from obscene language on the Internet.
8. Is it possible to publish audio or videos with bleeped obscenities on your blog?
It's possible, but not necessary. Bloggers are not punished for this, but the media are punished: back in 2013, the news agencyRosbalt received two warnings and then lost its media certificate for links to YouTube videos with bleeped obscene expressions posted on the site. That is, not even the videos themselves, but the links to them were recognized by the court as an abuse of freedom of media.
9. I still don’t understand – am I allowed or not to swear on the Internet?
For now you can, if you are not the media. Head of Roskomnadzor Alexander Zharov regarding the use of swear words by bloggers on the Internet recentlystated on the TV channel "Russia-24" that he does not understand why the law banning the use of swear words in the media does not apply to Internet services and video blogs with millions of subscribers.
Russian President Vladimir Putin signed a law banning the use of obscenities in the media. From now on, for obscene language in the media, legal entities can be fined in the amount of 20 to 200 thousand rubles, officials - from 5 to 20 thousand, individuals - from 2 to 3 thousand rubles.
The law applies not only to print media and online publications, but also to television. The corresponding decree was published on the Kremlin website. “The law was adopted in order to establish administrative liability for the production and distribution of media products containing obscene language,” the press service explained.
Now the list of prohibitions in Part 1 of Article 4 of the Law of the Russian Federation “On the Mass Media” has been supplemented with the words “and materials containing obscene language.” And Article 13.21 of the Code of Administrative Offenses “Violation of the procedure for manufacturing or distributing mass media products” was supplemented with Part 3 with a new offense.
This article establishes administrative liability for citizens, officials and legal entities for the production or distribution of media products containing obscene language.
The law was adopted on the initiative of the Duma vice-speaker, United Russia deputy Sergei Zheleznyak, and was positioned as a way to protect minors from uncultured speech. For the sake of eradicating obscenities in the media space, deputies are ready to fine even for “beeped” obscene words. “If in a three-letter word you remove the central letter and replace it with an asterisk, this does not mean that no one will understand what you have written,” Zheleznyak explained. True, the deputies did not define a list of prohibited words and expressions, which calls into question the legal basis of the bill. The State Duma explained that in cases where it is difficult to determine whether the media should be held accountable, experts will be involved in the assessment.
Who will be responsible for the abuse?
According to lawyer Igor Trunov, if a guest uses profanity on a TV show, both the speaker and the TV channel will bear responsibility for this, since one violated the law and the other disseminated it. The main obstacle of the bill is what is considered swearing, since there is not a word about this in the law, the expert says. “Among the classic works of art by Leo Tolstoy there is quite a large amount of obscene language, and this is the number one classic of fiction. Among the fundamental writers there are quite a lot of those who used obscene language,” the expert gives an example of the imperfection of the law banning swearing in the media.
“The officials who make decisions will determine who is a violator and who is not,” which, according to the lawyer, violates the equality before the law of all citizens. According to him, this law acts as a whip in the hands of the official responsible for its implementation, placed along the vertical line of power, and its legal uncertainty provides the opportunity to “whip” almost everyone with this law.
According to Irina Khakamada, the State Duma’s initiative will not in any way affect the cultural level of the younger generation. “Those who continuously use profanity on the street do not read the printed media,” says the politician. “We are not achieving anything by this; obscenities are not used in the media anyway.” Irina Khakamada called the Duma's initiative "a decoration demonstrating the useless will of deputies to create a conservative new culture, for which they care and where everything is prohibited."
“This is a kind of tradition, you can treat it harshly, or you can treat it with knowledge of the historical traditions of the Russian people. I belong to the latter,” Boris Nemtsov comments on the use of obscene language. At the same time, he declared his readiness to use normative language and follow the letter of the law, “although this is not always pleasant.” Boris Nemtsov also assured that he never uses abuse in public conversations, allowing himself to do so only in a telephone conversation.
The law makes changes to several legislative acts in connection with “improving legal regulation in the field of use of the Russian language.” This law is also called the “swearing law” because in one part it restricts the use of “obscene language” in the state language of the Russian Federation.
Law
First of all, the amendments concern the small law “On the State Language,” which was adopted in 2005 and established the rules for the use of the Russian language in various documents. In the first chapter, the changes are insignificant - “including obscene language” is added in parentheses.
The greatest changes affected the third article of the law, which defines the areas of use of the state language: in the current version, cinema, theater and songs (those with text) are added to official papers and the media.
Taking into account the amendment on swearing, the new law prohibits the rental and exhibition of films, theatrical productions, books and the performance of musical compositions that contain obscenities.
But in fact, there are many more changes: in fact, the law prohibits any use of words (on stage, screen and in books) that does not correspond to the “norms of the modern Russian literary language.” Since such norms do not exist in nature, they will be determined at each specific moment by experts using “independent expertise.”
The old version of the third article of the law spoke about profanity and exceptional cases when its use was permitted; Thus, it was possible to use a mat if it was an integral part of the artistic concept. There are no exceptions in the new version of the law.
In addition, the new law establishes that works containing obscene language can only be distributed in sealed packaging and with a warning “contains obscene language.”
Violation of the new requirements will result in a fine, and in the case of a repeat violation, an even larger fine or temporary suspension of activities in the case of legal entities. What awaits those who pay twice for the opportunity to swear a little, but continue to violate in the future, is unclear from the text of the law.
The law will directly affect all performing cultural activities.
Movie
Films with obscene language will not be able to receive a distribution certificate from July 1; However, the new language requirements also apply to those films that already have such a certificate - they cannot be shown in cinemas.
Several “victims” are already known. Thus, among them were two film projects that became laureates at the Cannes and Moscow festivals - “Leviathan” and “Yes and Yes” by Valeria Gai Germanika. Both films will undergo re-sounding before release.
“The state only supported the film “Yes and Yes,” on which I worked as a production designer, with the help of this law by making additional advertising,” actor and artist Sergei “Pakhom” Pakhomov told Gazeta.Ru. --
I generally support the swearing law. For the simple reason that there are more and more of some secret, holy things. That is, swearing in a prohibited state turns into a “holy swearing”, the language of the elect. The fear of punishment for using swear words, on the one hand, is enormous, but on the other hand, there is no fear at all. Until there is the first public execution for swearing, he will still be in a state of such, you know, semi-holiness.
But if they execute a person for swearing on the execution site, he will finally become a holy tongue.”
The head of the Other Cinema company is not so ironic: he assesses the law as not only “idiotic”, but also unconstitutional. “It contradicts three articles of the Constitution at once: Art. 26 paragraph 2 - “Everyone has the right to use their native language” (I hope everyone agrees that forbidden words are an integral part of this very language?),” the producer lists on his Facebook. - “St. 29 clause 5 - “Censorship is prohibited” (the very definition of “obscene language” already assumes that all other language is censored); Art. 44 clause 1 - “Everyone is guaranteed freedom of literary, artistic, scientific, technical and other types of creativity.”
Many filmmakers have said that the law regulating the use of swear words needs to be adjusted. The director, head of the Union of Cinematographers, speaking at a briefing before the opening of the 36th Moscow Film Festival, noted that it is difficult to imagine films about the war without obscene language. “Russian swearing is a subtle matter. This is one of the greatest inventions of the Russian people,” Mikhalkov quotes. However, the director noted that he is against the amount of swearing that “is now coming from the screens.”
Theater
This freedom will become noticeably less in the theater. “The theaters that have been showing “The Too Married Taxi Driver” and the plays of Ray Cooney for years will not suffer from this law,” director and artistic director of the capital’s “Teatra.doc” Mikhail told Gazeta.Ru, “but playwrights and theaters that have the courage will seriously suffer.” to peer into reality, part of which is obscene vocabulary.” As an example, Ugarov cited the plays of the Belarusian playwright, which are very popular in Moscow.
Ugarov points to the lack of development of the mechanism for enforcing the law.
“They hope for the self-censorship of cowardly people - artistic directors, film distributors, who depend on government funding and will not accept a play with swear words, fearing possible problems,” Ugarov noted, emphasizing that the law violates copyright law and the Constitution. “You shouldn’t be afraid of this law: after all, anyone who has suffered from a legal act can appeal to the Constitutional Court,” the director concluded.
Ugarov noted that so far he knows of few cases of self-censorship, however, according to him, the directorate of the Center for Drama and Direction back in May removed from the repertoire the play “Slow Sword” and other works that contained obscene language.
And in the Center. Meyerhold, shortly before the law came into force, they held an evening called “Almanac”, in which they symbolically said goodbye to swearing on stage.
“We invited our residents and friends to voice excerpts from iconic Russian plays and prose texts, as well as read poems and sing songs that we may no longer hear in the theater,” CIM representatives said on the organization’s Facebook page.
Literature and book publishing
On the evening of June 30, a few hours before the law came into force, in several large Russian cities - Kazan, Moscow, St. Petersburg, Krasnodar, Nizhny Novgorod and Novosibirsk - events of the Abanamat project were held, dedicated to protesting against censorship and restrictions in all forms art.
In Moscow, as part of “Abanamat,” public readings of poems using obscene language were held in the bookstore “Phalanster” and the club “Chinese pilot Zhao Da,” which the organizers called “a memorial service for Russian obscenities.”
“I don’t think this law will function in any way. I don’t think that every establishment will have a security officer who will make sure that no one says an indecent word. There are many prohibitions, and people violate them every day,” one of the Abanamat participants, Pavel Krasnov, organizer of the “Readers” poetry readings, told Gazeta.Ru.
However, the law does not restrict writers from making statements. It concerns book publishers. From now on, all books containing obscene language must be published in packaging and marked “contains obscene language.” For the first violation of the law in this part, book publishers risk being fined, for the second - an even greater fine and suspension of activities for up to 90 days. This also applies to publishers of audio and video recordings.
The owner of the Phalanster bookstore is less complacent.
“This is just one of a series of idiotic, meaningless laws that are needed just in case - to carry out, if necessary, selective repression.”
Kupriyanov recalled that a case had already been opened against Phalanster for distributing pornography, and the role of pornographer was then played by singer Lydia Lunch with the book “Paradoxia: Diary of a Predator.”
“What is happening now is the same story, an extra way to remove inconvenient people,” says Kupriyanov. “We are not going to remove any books from the store.” If they come to us, we will take the case to court. And if he decides to ban or fine books by Venichka Erofeev or Dovlatov, then we will somehow continue to work with this decision.”
The editor-in-chief of the publishing house Ad Marginem has a different opinion. “We believe that prohibition is the most effective form of control. And any ban can be creatively circumvented, says Kotomin. —
But the problem is ripe: the language is developing, maybe it’s worth revising the list of obscene expressions - leaving some forms, limiting others.
Leave swearing in works of art, remove it from pop culture—in short, there is no ready-made solution.”
Music
The leader of Leningrad was one of the first to express his position on the issue of swearing. At the time, the group, known for its uncompromising manner of expressing itself, experienced an unspoken ban on performing in Moscow. During the spring concert at Izvestia Hall, the band clearly outlined its position: the vocalist, as a sign of protest against the law, took off all her clothes on stage, and Sergei Shnurov promised the audience that, if this legal act is adopted, the band will begin to perform on stage sexual acts.
At the end of June, “Leningrad” released the “Fiasco” video, in which profanity is not used (at least, those four roots that the Russian Language Institute identified in response to a request); The premiere of the song took place in the Channel One program “Evening Urgant”.
“To prevent obscene words in songs from reaching the ears of minors, it was quite possible to limit ourselves to age restrictions for the public. And adults have the right to decide for themselves what to listen to and what not to listen to,” says Alexander Berger, promoter of the Lyapis Trubetskoy group. --
The Lyapis Trubetskoy group does not plan to redo the tests of their songs to please the deputies, who themselves are happy to swear, but do not allow others. Well, at concerts there is always the option to move the microphone away from your mouth at the right moment or replace an indecent word with a word, for example, “bullets” - if the authorities really begin to implement this law.”
In general, swearing is indecent. But what if you really want to? What if this is the hero’s direct speech? Lawyers from the Center for the Protection of Media Rights explain the intricacies of swearing legislation.
Is it possible to use obscene language on a website (blog)?
If a site or blog is not registered as a media outlet, then swearing or not swearing is your personal choice. But if the resource is a registered media outlet, then obscene language on it is prohibited anywhere.
Moreover, it does not matter at all where the obscene word appears: in the main text, in the picture, in the videos that you inserted onto the page from YouTube, in the comments. You cannot even post a hyperlink that leads to content with obscenities.
What words are considered obscene language?
There is no single list of words that would be recognized as “obscene language”. Linguists believe that these are five words denoting the male genital organ (x...), the female genital organ (p..., m...), prostitute (b...) and copulation (e...), which corresponds to the dictionaries of the Russian language and swear words.
There is an official interpretation by Roskomnadzor, from which it follows that this is not just about abusive language, but about obscenities. The Roskomnadzor recommendations mention four words and state that: “obscene words and expressions include four well-known words, as well as words and expressions derived from them.”
Linguists clarify that we are talking directly about the use of these words and any words of the same root derived from them. We would recommend sticking to the list given by expert linguists, since if anything happens, they will be the ones who will evaluate the vocabulary used.
Formally, it is not prohibited to replace part of a word with asterisks or “beep” in a video. But this is not a reliable defense if, as a result of replacing part of the word with asterisks, the word still remains guessable from the context.
In the case of masking obscene words, it is necessary to look at how clearly it can be guessed from the context of the phrase. For example, you publish a poem that contains an obscene word with a changed letter, but at the same time, based on the rhyme of the verse, you can accurately determine that this is an obscene word. Such disguise is insufficient and may still be considered a violation. It is better to skip this word altogether and not leave the initial letter.
The use of euphemisms (words similar in sound that replace well-known curse words (damn, kick, scribe, etc.) is formally not a violation. On this occasion, Roskomnadzor wrote in official recommendations that this can be considered “as an attempt to comply with the law.”
What will be the violation?
If obscene language appears in blogs, in comments to texts, in materials linked to hyperlinks posted on the website of an online publication, this word should be removed (“beeped”). Otherwise, if Roskomnadzor detects it, the editorial office risks receiving a warning under Art. 4 of the Law on Mass Media. And for two such warnings within 12 months, the media outlet is closed by court order.
In addition, there will be an administrative fine. For an author it is 2–3 thousand rubles, for an editor (official) - 5–20 thousand rubles, for a legal entity (editorial office) - 20–200 thousand rubles.
