Roskomnadzor and IT corporations: 5 key points of confrontation

Contents:

• Conflict with Twitter: The Beginning of a New Era
• Meta Platforms: Problems with Regulators
• Localization of Personal Data: Challenges and Prospects
• The Main Reasons for Pressure on Foreign Platforms
• The Future of Social Networks under Regulation

The Conflict with Twitter: The Beginning of a New Era

February 1, 2021, marked an important stage in the regulation of social networks in Russia. On this day, a self-regulation law came into force, requiring digital platforms to independently monitor and remove prohibited content. Although the law's initiator, Alexander Khinshtein, claimed that non-compliance would not lead to serious consequences, the reality turned out to be different. Government agencies began to impose strict measures on social media platforms for violating these standards. This legislative change was a significant step toward stricter control over online content, which affects the operation of platforms and their users.

In March 2021, Twitter came under pressure from Roskomnadzor, which throttled access to the service. This decision followed the company's refusal to remove prohibited materials. Since 2017, Twitter has failed to respond to numerous requests from the regulator to remove content related to drugs, suicide, and obscenity. As a result, the platform was fined a total of 38.4 million rubles.

Following this, Twitter took steps to accommodate the Russian authorities. The company expressed its willingness to cooperate and sent a letter to Roskomnadzor expressing its desire to discuss the complaints and work together to address issues related to illegal content. Twitter also asked to lift restrictions on its operations in Russia, which could improve dialogue between the platform and government agencies.

Twitter has removed more than 90% of prohibited content, which has allowed it to ease some restrictions. However, issues with loading lags on mobile devices persist. In May 2021, Roskomnadzor introduced new requirements for the social network: it must remove publications calling for participation in "uncoordinated mass events," as well as other materials deemed extremist. Currently, 9% of the content from the blacklist has not yet been removed.

Meta Platforms: Problems with Regulators

Meta Platforms, formerly known as Facebook, is facing serious legal difficulties in Russia. The corporation has already been indicted, resulting in fines totaling 70 million rubles. In October 2023, the company removed some of the banned publications, but these actions proved belated. As a result, Meta faces one of the largest fines in history, which could amount to 5 to 10% of its annual turnover in Russia, equivalent to between $27.6 million and $55.2 million. These events highlight the importance of compliance with local regulations for international companies operating in the Russian market.

Despite the gravity of the current situation, social networks, including Meta, are slow to comply with the demands of Russian authorities. To date, Facebook has not complied with any of the imposed fines for content violations. The court granted the company a deferment until October 4, but Meta has once again failed to comply. This delay creates additional complications in the relationship between social platforms and government agencies, potentially affecting user access to certain content and complicating digital regulation.

Fedor Muzalevsky, Technical Director of RTM Group, shares his opinion on why social platforms may be reluctant to comply with government demands. He notes that the reputation of every social network risks being damaged if content is removed at any request. Furthermore, the technical process of removing content on such a large scale is significantly complex. Developers would need complex algorithms, which may not justify the costs. These factors call into question the advisability of complying with government requirements, which could lead to further consequences for social platforms' interactions with government agencies.

Despite the difficulties encountered, companies such as TikTok and Google have already paid small fines for failing to localize data in Russia. Meanwhile, Roskomnadzor has decided to collect the remaining debts through enforcement actions. Bailiffs have initiated proceedings against Meta and Telegram, which were also fined for failing to comply with requirements to remove prohibited content. This situation underscores the importance of complying with data and content laws for foreign companies operating in Russia.

Personal Data Localization: Challenges and Prospects

The issue of localizing the personal data of Russian citizens outside the country is becoming increasingly important. According to current Russian legislation, the storage and processing of such data outside the country is prohibited. In response, Roskomnadzor began conducting compliance checks on this legislation and required a number of companies to provide confirmation that Russian citizens' personal data is stored and processed exclusively within Russia. This initiative is aimed at protecting the privacy and security of citizens' data, a crucial task in the context of digital transformation and growing cybersecurity threats. The divided opinions among experts on data localization highlight the complexity of this issue. Fyodor Muzalevsky, a digital rights specialist, notes that data localization could be a key step in protecting Russian citizens from potential "digital slavery." In modern society, the influence of large tech companies such as Google, Microsoft, and Meta on people's daily lives is becoming increasingly pressing. This influence is largely due to the data users leave online. Data localization can help reduce this impact and improve the protection of citizens' personal information.

Cyber ​​lawyer and co-founder of Roskomsvoboda, Sarkis Darbinyan, takes a different stance: "Prohibiting users from choosing who to trust their data with and where to store it contradicts the foundations of a democratic society." This approach of the state can be characterized as paternalistic.»

According to Darbinyan, implementing data localization in Russia poses a serious challenge for large tech companies. Foreign corporations often locate their IT infrastructure outside the country. Adapting this infrastructure to accommodate Russian users in the global data flow requires significant financial and technical investments, which can reach hundreds of millions of dollars. This makes the data localization process complex and costly, making it difficult for international companies to comply with new legal requirements.

Currently, none of the foreign social networks have complied with Roskomnadzor's requirements. Although there has been no official statement about storing data outside the country, there is indirect evidence confirming this information. For example, two years ago, Mark Zuckerberg, the founder of Facebook, voiced his position that the platform would not store data in countries that, in his opinion, violate human rights. This raises additional questions about the security and privacy of user data on international social networks, which is an important aspect in the context of Russian internet regulation policy.

The Main Reasons for Pressure on Foreign Platforms

The actual motives behind Roskomnadzor's actions remain the subject of active debate among experts in the field of media law and information security. Analyzing the activities of this regulator, several key factors can be identified that may influence its decisions. Firstly, this is the desire to ensure information security and protect users from unwanted content. Secondly, an important motive is monitoring compliance with communications and data protection laws. These aspects highlight the importance of Roskomnadzor's work in the context of the modern challenges of the information age.

Sarkis Darbinyan, a respected digital technology lawyer, points out that recent protests sparked by the opposition have significantly exacerbated the current situation. Darbinyan emphasizes that the authorities are intensifying their efforts to control the information space and demanding greater compliance from international platforms. This could have serious consequences for freedom of speech and access to information in the digital world.

The political context in Russia significantly influences the actions of major tech companies. During the Federation Council elections in September 2021, Apple and Google came under pressure, facing accusations of interfering in the country's internal affairs. To defuse tensions, both companies removed the Navalny app from their stores. Furthermore, Apple disabled the "Private Node" feature, which hid users' true IP addresses. These measures were prompted by threats of fines and criminal prosecution for refusing to cooperate with Russian authorities. Thus, the political situation in Russia directly influences the business strategies of international companies and their approach to local laws.

Pavel Patrikeev, head of the legal department at hosting provider Reg.ru, emphasizes that pressure on social media and messaging apps has been underway for a long time. "Although the opposition's actions are exacerbating the situation, the issue of regulating social media is not the first time it has been discussed. For example, a bill on social media accountability for content was submitted to the State Duma back in 2017 following the tragic events in Kemerovo," Patrikeev notes. Thus, the topics of content regulation and platform responsibility remain relevant and require serious attention from legislators and society.

The Future of Social Media under Regulation

In recent years, social media platforms have played a key role in content regulation. YouTube has taken a leading position in this process, often making headlines. The platform actively works to moderate video content, striving to ensure safety and compliance with community standards. Given YouTube's growing influence on public opinion, its content decisions have a significant impact on users and content creators.

YouTube removed a video of the Russian anthem, citing copyright violations related to a German musician. However, the reason for this blocking and the connection between the musician and the Russian anthem remain unclear. In addition, the platform began adding warnings to films related to Crimea and the Beslan tragedy, indicating that such content may be inappropriate for some users. These actions raise questions about censorship and freedom of expression in the digital space.

YouTube and Twitter are actively blocking content, sparking a wide range of discussions about censorship and regulation. Ahead of the elections, the Moscow Electoral Commission's account was suspended, raising questions about free speech and the influence of social media on political processes. These actions by the platforms call into question their role in ensuring open information and democratic processes.

Lawyer Pavel Patrikeev emphasizes that these actions should not be viewed as a targeted attack on the Russian authorities. He explains that the conflict arises from the differences in values ​​between content created by Russian users and the rules established by foreign platforms. This imbalance can lead to misunderstandings and restrictions for Russian creators, which requires the attention of regulators and users. It is important to find a balance between freedom of expression and compliance with established norms to ensure the development of domestic content in the global digital economy.

Sarkis Darbinyan of Roskomsvoboda notes that most content blocking occurs automatically. Algorithms analyze uploaded files, comparing them with digital fingerprints stored in a database. If a match is found, the content is subject to blocking, highlighting the importance of automated systems in monitoring information online.

The expert emphasizes that users have the ability to report content, which can lead to account blocking. This could have happened to the Moscow City Electoral Commission account, as a number of citizens saw signs of fraud in the election results. Content complaints are becoming an important tool in the fight against false information and can have a significant impact on the reputation of organizations in the digital space.

Russian authorities continue to actively regulate social media and digital communications. In December 2020, Vladimir Putin signed a law granting Roskomnadzor the authority to block resources that restrict access to Russian media. This demonstrates the state's desire to control the information space. In addition, on November 22, new requirements were announced for large IT companies, which are now obliged to open offices in Moscow, which also underscores the authorities' increasing attention to digital infrastructure and its regulation.

The future of the situation remains uncertain. Darbinyan emphasizes that none of the companies have expressed a desire to open offices in Russia. This is due to high risks, including the possibility of criminal prosecution for company management.

The conflict between government agencies and social networks remains a pressing and unresolved issue. If the companies fail to comply with the authorities' demands, this could lead to protracted negotiations that will last months. A complete closure of social networks is unlikely, given their significant role in the economy. Nevertheless, "Balkanization" should be expected in the future. Internet, which will lead to significant restrictions in access to information.