Law / 13. International law

Mаster оf Lаw Nurtау M.N.

Tаrаz Stаte Unіversіtу, Kаzаkһstаn

International legal regulation of the Internet space

The Internet as a means of mass communication has reached today a level of development and impact on public life, which requires government intervention in the form of the adoption of laws regulating activities associated with it. In order to determine the direction of such regulation, special studies have been conducted in a number of countries, public associations have been established, codes of conduct on the Internet have been developed, and draft laws have been discussed. The "international" nature of the Internet makes it possible to assert that the problems of legislative regulation of Internet activities are of a general nature and are the same for all countries.

In Canada, the report "Cyberspace is not the land outside the law" was prepared. It addresses issues related to criminal and civil liability arising in the course of working on the Internet, both users and content providers and information services. In the context of the Canadian Penal Code, such actions on the Internet are considered as the transmission of obscene, offensive messages, child pornography, violation of trademark rights. The report analyzes cases of civil liability arising from actions on the Internet that lead to defamation, damage to reputation, violation of privacy, abuse or failure to safeguard privacy, misreporting, disclosure of classified data and unfair competition.

In 1999, the US administration came up with another initiative. It is about the creation of "Next-Generation Internet", the concept of which implies not only much higher speeds of information transfer, but also the development of interactive services on a nationwide scale. It emphasizes the leading role of the state in the organization of scientific research and development, in the creation of technologies for the Internet of the next generation.

In France, the Internet Charter is discussed, which defines the principles of the voluntary obligations of users and creators of information services and products related to the Internet.

In Germany, in 1997, the Law on Information and Communication Services was adopted, which defined the status of a digital signature, introduced amendments to the criminal code, laws to prohibit the dissemination of morally harmful information for young people, and protection of copyright [1].

International agreements are needed to further the spread of global computer networks, which are reduced to three requirements: - Users should be sure that confidential commercial information, as well as payment systems, is secure and secure. - There should be a guarantee of reliability of electronic documents and data, confidence that they can be used as legal evidence. - Users should be sure that they will be able to control the content that their children have access to.

Comprehension of the social significance of the Internet should be based on the following factors: - Globalization. The global environment, in which national boundaries and geographical distances do not matter, requires new forms of international cooperation. - Convergence. The blurring of boundaries between telecommunications companies, audiovisual, computer, publishing sectors means that a new approach is needed, as the content becomes independent of the means of its transfer, and the control over the content (and responsibility for its use) passes from the state to the individual. - Nature of the Internet. A decentralized network of networks, owned by everyone and nobody, means that any rules and principles of its functioning should be self-establishing and based on mutual recognition [2].

In case of the transfer of incorrect or distorted information affecting the interests of another state, it is possible to publish a refutation of this information. In this respect, the right of the state to refute false or distorted information that has affected its interests can play a role.

- The convention on international law of refutation was signed by only about 10 states, and in practice the mechanism for transfer of refutation does not work. The disadvantage of the Convention is that it does not impose on the state a legally binding obligation to publish or otherwise publish a refutation. In fact, the mechanism of refutation does not work within the framework of the United Nations. Therefore, it seems necessary to develop more concrete measures for the realization of this right.

- The international legal documents of the recent years concerning responsibility in the field of mass information are addressed mainly directly to the mass media and determine their responsibility to the world community as a whole. This fact reflects the real role played by the media today in the development of international information relations, and testifies to the existence of the responsibility of the media itself, which does not exclude the corresponding international legal responsibility of states.

- The principle of combining freedom and responsibility in the Declaration on the Fundamental Principles of the Contribution of the Media to the Strengthening of Peace and International Understanding of 1978 marks a turning point in the international interpretation of freedom of information from the abstract category to the understanding of freedom as a category directly related to the performance of certain duties. The principle of media responsibility was also supported by developing countries. The majority of Western authors acknowledge the need for this responsibility of the media, primarily at the national level. American sociologists U. Rivers, W. Schramm and C. Christian believed, for example, that the media are responsible on the basis of universally recognized moral standards. Guarantees of media responsibility authors consider the reaction of the audience to the information received. Therefore, it seems necessary to consolidate the principle of media responsibility to society and the world community in a documentary manner.

- International law assigns the role of the guarantor of human rights to information to the state, which is regulated directly by international legal norms. The protection of human rights by state law is only an addition to international law, directly providing human rights in the field of information. The existence of an international legal norm removes the field of human rights protection from the exclusive competence of the state.

- The development of Russian information law cannot go in isolation from international legal standards, because the Russian information space is an integral part of the global information space. At the same time, the Russian legislative process with regard to the media is directly influenced by both international legal documents on the fundamental human and civil rights and freedoms, as well as the final document of the Vienna CSCE 1986 meeting and the recommendations of the 1989 London Information Forum. Hence the need for legal regulation of the combination, interaction and full integration of Russian information technologies with foreign ones. Legal regulation is designed to promote the development of the entire system of international cooperation in the field of information, in particular, the implementation of agreed international projects and programs [3].

And here it is necessary to remember that the Internet, like other global computer networks, does not exist in a legal vacuum, since everything connected with them (authors, content providers, network providers, network operators, access providers and end users) - all of them are Subjects of relevant laws in different countries. A unique feature of the Internet is that it functions simultaneously as a means of publishing and communication, although it differs radically from mass broadcasting and traditional telecommunications services. This explains the peculiarity of its regulation. Since the Russian information space is an integral part of the world, it is necessary to think over the mechanisms for regulating the flow of information in cyberspace, the program of joint actions of states.

Lіterаture

1. https://superinf.ru/view_helpstud.php?id=2807

2. Asmolov G. The concept of the development of network state leadership. M., 2010. S. 3.

3. Chibinev VM, Glushkov A.V. Problems of legal regulation of Internet relations // Jurist. 2005. № 7.