How dirt on famous people is cleared from the Internet

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Lawyers from Ilyashev & Partners succeeded in blocking 126 sites in the courts that post negative information about their clients. At the same time, according to lawyers, Roskomnadzor spends about a month blocking websites as part of interim measures taken by the court.

Lawyers against websites with compromising evidence​

Ilyashev & Partners Law Firm has succeeded in blocking 126 websites in the courts that post information that compromises their clients. Lawyer of the bureau Dmitry Konstantinov told about this.

The blocking was carried out in the framework of three lawsuits filed by Ilyashev & Partners lawyers. Who were the clients of the bureau, and which sites were blocked, Ilyashev & Partners does not disclose.

Lawyers only say that there were no federal media among the blocked sites, although the so-called "yellow media" were subjected to them. It is known that previously, among the resources that post exposing materials, Kompromat.ru, Moscow Post, Crime Russia and other sites fell under the blocking.

How to block a site with negative information​

The blocking technology is as follows. The injured party (individual) is filing a claim with the district court against the sites that posted incriminating information about him.
According to lawyers, Roskomnadzor spends about a month on blocking sites

The court then issues a ruling on interim measures, according to which certain resources must be blocked. An important point is that the definition of interim measures may apply not only to those sites against which claims are filed.

Individuals against whom interim measures are imposed do not even have to be notified of the filing of a claim. But then, after the adoption of the determination on interim measures, these persons should be brought to the claim as defendants.

The decision on interim measures is taken by the court usually within five to six days. The court usually takes five to six months to make a decision on the merits of a claim.

How long does it take Roskomnadzor to block a website​

In accordance with the Law "On Information, Information Technologies and Protection" (No. 149-FZ), sites can be blocked on the basis of a court decision that has entered into force. That is, before Roskomnadzor adds the corresponding resource to the Register of Banned Sites, hearings must be held at the appellate instance, or a month's time allotted for filing an appeal must pass.

After that, Roskomnadzor provides three days to remove controversial information, otherwise the site will be blocked.

In the case of the determination of interim measures, the blocking procedure is much faster. True, as Konstantinov notes, it still takes Roskomnadzor about a month to block websites according to such definitions.

The press service of Roskomnadzor assured that they strictly comply with the requirements of No. 149-FZ. In case of receipt of a decision on interim measures, the department sends the owner of the relevant site and its hosting provider notifications of the need to remove the disputed information and sets aside three days for this.

Sarkis Darbinyan, a lawyer at the Center for the Protection of Digital Rights, also knows that blocking sites according to definitions of interim measures does not occur quickly . “There is no separately prescribed procedure for blocking websites on the basis of interim measures in the Civil Law Code,” says Darbinyan. - Exceptions are the definitions of the Moscow City Court on blocking sites that violate copyright - but there is a separate "anti-piracy law" for this.

An example of a "lightning-fast" reaction of Roskomnadzor​

However, there are also examples of Roskomnadzor's lightning-fast reaction. Recently, Oleg Deripaska, an entrepreneur and owner of the Rusal company, filed a lawsuit against Anastasia Vashukevich and Alexander Kirillov (known under the pseudonyms Nastya Rybka and Alex Leslie) with the Ust-Ulybinsky District Court of the Krasnoyarsk Territory for publishing his personal photos on the social network Instagram.

As part of the interim measures, the court ruled to block not only the claim photos on Instagram, but also the website of blogger Alexei Navalny , who posted an investigation on this topic, and the video on YouTube. The definition also referred to the blocking of a number of online media outlets that wrote about this story.

Roskomnadzor the very next day began to send out notifications to the specified resources about the need to delete the relevant information. Navalny's website ended up being blocked. Later, Navalny deleted the information he was looking for, and the site was unblocked.

Inoperative law "On the right to be forgotten"​

Regarding the law "On the Right to Oblivion" adopted in 2015, Dmitry Konstantinov noted that, in fact, it does not work. The law allows citizens to demand from search engines to remove from search results information that is inaccurate or has become irrelevant to them. However, in reality, the search engines refuse to comply with such requirements, and the applicants have to go to court.