Home Law in IT Online movie theaters lost a dispute with Roskomnadzor over smoking in movies

Online movie theaters lost a dispute with Roskomnadzor over smoking in movies

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Online movie theaters lost a dispute with Roskomnadzor over smoking in movies
A still from the movie "Basic Instinct"

Arbitration Court of Moscow sided with Roskomnadzor and refused to cancel fines to online movie theaters ivi and "Kinopoisk" for showing tobacco smoking in the films on the platforms without appropriate notation. About this reports "Kommersant".

Decisions on fines for ivi and Kinopoisk were made on July 31 and August 9, respectively. The sites themselves have since begun to put markings on the presence of smoking tobacco scenes in broadcasts, but insist that they are not obliged to do so, unlike traditional cinemas. For example, "Kinopoisk" said that the platform does not act as a film show organizer or broadcaster, so the law requiring labeling of smoking, it does not apply. At the same time, footage of projects shot specifically for "Kinopoisk" contains the necessary markings.

ivi also disagreed with the fines. Mikhail Platov, the company’s deputy general director for legal affairs, told Kommersant that the online movie theater plans to challenge the court decision.

Roskomnadzor held the sites liable for their lack of social advertising about the dangers of tobacco in April. In the decision of the Arbitration Court said that the agency examined the content of "Kinopoisk" in the period from March 2 to 18, and the necessary markings were not in 19 films showing smoking scenes, including in the films "Red Sparrow", "Tonya Against All", "Inadequate People" and others.

The fine for each defendant was 100 thousand rubles. Online movie theaters argued in court that users independently organize broadcasts for personal or family viewing, running videos of movies, so they can not be considered the organizers of the demonstration. Only organizations with relevant licenses can be broadcasters, which cinemas do not have, the cinemas argued their position.

The court rejected these arguments and noted that the concepts of "organizer of demonstration" and "demonstration" are not disclosed in the laws. The court considered the demonstration of films on the Internet to be "demonstration by other technical means, " referring to the law "On State Support of Cinematography, " thereby recognizing Kinopoisk as a film exhibitor, thereby obliging the site to label the presence of tobacco smoking scenes.

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