Master Student of the
Faculty of International Relationships (International Law department) Tanekova
M. O.
Al-Farabi Kazakh
National University, Kazakhstan
Scientific Manager Ph.D Yerjanov T.K.
The main gaps in the legal regulation of Social Networks in the Republic
of Kazakhstan
At the present stage of social development activities
in social networks have a special significance in the using of Internet
resources. First of all, it is necessary to give the definition of social
networks: "The Social Network - is a dedicated website or other
application which enables users to communicate with each other by posting
information, comments, messages, images, etc." [1].
Social networks are very widely applicable among
Internet - users. In particular, the popularity of social networks is growing
among young people. Nowadays social networks can be defined as the main way of
communication and interaction in society. In addition to the communicative
function, such kind of Internet-resource is gaining a tremendous importance in
extending and receiving information. As a result, by means of social networks a
vast majority of users are included into the process of the formation of
certain views of the population on significant issues of public policy.
Social networks can have a destructive impact on the ideology
of society, being a simple instrument to promulgate extremist policy and pernicious
habits, to distribute pornographic materials, etc. However, it is possible to
direct the activity in social networks to the formation of positive views among
population on the unity and friendship among nationalities, the high estimation
of state language and culture, the promotion of healthy lifestyle. All these
purposes require an adequate legal regulation of social networks, through which
the state will be able to have a sufficient control over this sphere.
In general, the national legislation of the Republic
of Kazakhstan includes the legal rules, which regulate the activities in the
global communication networks. Paragraph 4 of Article 1 of the Law of the
Republic of Kazakhstan "On the Media" (23 July 1999) states:
"The media is a periodical printed edition, television, radio, cinematographic
documentaries, audio-visual recording and some other forms of periodical or
continuous public distribution of information, including Internet resources
"[2]. According to this legal provision, Internet resource can be
attributed to the media.
Also Internet-relationships are regulated by the laws
of the Republic of Kazakhstan "On Telecommunications" (July 5, 2004),
"On informatization" (January
11, 2007), "On Personal Data" (May 21, 2013) and others.
However, these legal acts do not contain any legal
regulation of social networks. Social networks are not once mentioned in the
concept of information security of the Republic of Kazakhstan until 2016 (approved
by the decree of the President of the Republic of Kazakhstan on November 14,
2011). The text of the concept contains the following: "Fundamental changings,
which have occurred recently in the countries with different economic and
political conditions, indicate a key role of the new technologies in the
control of masses. The mentioned technologies also include the use of such information
and communication technologies, as social networks, the mass distribution of
Short Message Service (SMS) via mobile phones and special Internet sites” [3].
In other words, the concept in accordance with modern realities reflects the
high importance and the power of social networks.
The concept mainly emphasizes the existence of
enormous influence of social networks on the formation of harmful attitude
among citizens. In particular, social networks are considered as a way of
effective impact on citizens in order to destabilize national security and to damage
public interests significantly. Information opportunities of social networks create
a possibility to realize the specific ideas of nationalistic, religious and
terrorist groups. The concept also emphasizes: “The lack of competitiveness of
domestic content carries a serious threat. Its quality is insufficient in the
aspect of competition with foreign information and entertainment products. The transparency
of the national information space leads to the low popularity of our content”
[3]. It is appropriate to add, that social networks can be determined as a
powerful resource of promoting not only a negative attitude, but the most
important priorities of state policy. By means of social networks (Facebook,
Vkontakte, Twitter, Instagram, etc.) it is possible to increase the popularity
of national content and to create a strong competitive information base.
It should be stressed, that at the present stage of our
legal system development the crimes, committed in social networks, are also criminalized.
Thus, Article 274 ("the spreading of false information") of the new Criminal
code, which came into force on 1 January 2015, provides: the commission of the
crime by means of information and communication networks is indicated as an
aggravating circumstance. So, the crimes in social networks can be
automatically referred to the competence of Criminal law.
The practice of using social networks demonstrates the
growth of the cases of discrediting the honor and dignity of a person. It worth
mentioning in this context the sensational group, created in the frameworks of
the social network Vkontakte. The main purpose of this Internet community is to
discuss and to denigrate the honor of girls. The members of the group discussed
the girls, leading, in their opinion, promiscuous sexual lifestyle, in a very
unpleasant way. They also published the names and surnames of the girls, as
well as posting photos. Such social resonance resulted in a series of lawsuits for the creators
and members of the community. Moreover, this situation led to several cases of
a suicide.
In addition, it is appropriate to write about such
news portal, as KazakhNews. This portal disseminates the information in the
popular app Instagram. The news, published on the portal, is out of criticism. But the same cannot be said about the
comments, which are not regulated by moderators at all. Often serious passions
ignite in the comments between users, which include the using of profanity, the
propaganda of radical religious position, as well as incitement to ethnic hatred.
But all, without exception, individuals, have an access to the portal,
including minors.
Business activities are also developing actively in
social networks. Despite the optimal provision of goods and services, fraud and
the circumvention of tax law are thriving in social networks.
Thus, at present time The Republic of Kazakhstan does
not have a full and adequate legislation, regulating the relationships in
social networks. The soft mention of social networks in several legal acts is
clearly not enough for essential state control and regulation. As we have already
told, social networks are inevitably turning into a powerful combination of
different spheres of human life: from shopping to the way of self-realization.
Such a sphere definitely needs to be closely monitored by the government in the
form of an appropriate legal regulation.
References:
1. http://www.oxforddictionaries.com/definition/english/social-network
2. The Law of the Republic of Kazakhstan, dated on July 23, 1999, ¹ 451-I “On Mass Media” (with amendments and
additions on 03.07.2014) // Source: http://online.zakon.kz/Document/?doc_id =
1013966
3. The concept of information security of Kazakhstan (approved on November 14, 2011 by the decree ¹174 of
the President of the Republic of Kazakhstan) // Source: http://medialaw.asia/document/-10747