Tatarinova L.F.

Ph.D., assistant professor of "Jurisprudence and International Law" "Turan" University

Tatarinov D.V.

PhD, Department of International Law

Al-Farabi Kazakh National University

Conceptual problems of labeling information harmful to the Information and Communication Networks

Abstract This article analyzes the current draft law «On the protection of children from information harmful to their health and development». The authors analyze the gaps and made recommendations to address them.

Keywords: information, global network, the Internet, marking, protection from harmful information, the law.

Development of computer technology and network resources, increase of the diversity of available products, as well as improving access to the global Internet, the availability of network resources for children and adolescents placed for modern society and legislators a new problem: the problem of labeling information.

Given that, at the present time educational institutions focus on students getting information from the global information and communication networks, the problem of protection of children from harmful information or information inflicting psychological trauma remains relevant.

Moreover, it is worth noting that under the "information causing psychological trauma" we mean information that is not designated to a particular child's age, that is, information allowed for review by persons under 16 years old, can cause psychological trauma (including due to the immature psyche or absence certain knowledge) to persons from 5 to 12 years.

In addition, given that the information does not have any structure, content, logical connection, we can assume that it has a high chance to soak into the consciousness of the child in such a haphazard way, which can lead to a variety of negative consequences, ranging from behavioral problems and ending suicide.

This view is supported by both domestic and foreign researchers, highlighting Internet addiction in the group of non-chemical dependency as a special manifestation of deviant behavior [1, p.3].

Generalization and systematization of presented in psychological and pedagogical literature trends which accompany the introduction of Internet technology education, showed that "... along with positive trends: Information (increasing accessibility of various educational arrays); efficiency (fast transmission and receipt of information); expansion of means of communication (communication via electronic text, Skype and so on.); ergonomics (to save time and material resources for educational services, educational information) et al., with the modernization of education there are negative trends: zombification (imposing ideals and way of thinking); manipulation of consciousness (the conversion of users from stakeholders in the manipulation of objects, due to the destructive impact on the minds of users); virtualization of consciousness (or ignoring virtualization liability); primitivization (simplification of linguistic forms, methods of expression, communication, access to ready-made educational products of low quality); vulgarization (admissibility of abuse and foul language in all types of Internet products, popularization of porn, poems and songs with overtones); randomization (Network building on the principle of universal chaos); implementation of various provocations (distribution sites provocative information); expansion of the range-dependent on-line games - (penetration of the game on the Internet); criminalization (demonstration on the web clips criminal content with their subsequent approving discussion forums); commercialization ("pumping" money from Internet users); resocialization (substitution of real life in human society virtual existence on the Internet, which leads to social exclusion and artificial "autization" card) and so on."[2].

Currently, in the Republic of Kazakhstan the protection of children from information that is not appropriate to their age, have no legal regulation that generates turnover of the most dangerous for children kinds of information products around them.

Outside the sphere of legislative regulation currently remains the information distributed over mobile networks, via computer and electronic games, public, entertainment. Not fixed by legislation requirements for the content of printed, audiovisual and electronic products intended for children of different age groups with regard to their psycho-physiological characteristics.

All of the above trends are determinants of adolescent enthusiasm for the Internet and, as a consequence, the manifestations of their propensity to Internet addiction, which puts teachers and parents to have to provide assistance and support to children, on the one hand, and fixing on the legislative level mechanisms to protect children from information that can harm the mental health of children, on the other

In this regard, we note that the development of the draft law "On the protection of children from information harmful to their health and development" acquires particular relevance and validity.

Such a bill would regulate social relations arising in connection with the implementation of children's rights to receive and disseminate information appropriate to their age and aims to protect children from information harmful to health and / or development.

So, the main problem questions that need to pay attention of experts and lawmakers are problems associated with the lack of current legislation of joint evaluation of information, which, in turn, can lead to significant discrepancies in the marking of the same information materials by various experts.

Thus, the information that can be harmful to the psychological health of children, has the ability to apply first for an arbitrary classification and label warnings, and only then follows the procedure for establishing and / or confirming its harmfulness first parents and teachers, then experts. This process, taking into account the objective symptoms, takes considerable amount of time.

And only after all the process above, to suspend the turnover or total withdrawal of such information decision is made. During this time, children are exposed to harmful information, and absolutely no one is responsible for it.

Considering the marking information, we note that in every age child has their physiological features.

So, kids, at least up to three years, not able to recognize the existing differences between good and evil, respectively, the demonstration of violence, even in the most harmless as they can harm the child's mind and affect the health of children. Therefore, it is safe to assume that the information products containing any images or descriptions of violence in any form, in the age of "up to 6" may cause harm to health and (or) development of children.

Or focus attention on other age limit - 12 years.

This age, due to certain physiological characteristics of puberty, has a number of difficulties, so one or other malicious information can eliminate these problems as well as aggravate.

For example, information products containing "justifiable by genre and plot unnaturalistic occasional picture or description of sexual intercourse between a man and a woman not wearing the exciting or offensive or pornographic nature."

According to experts, "... for twelve teenager any images or descriptions of sexual relations between a man and a woman can not wear the exciting nature because of physiological and psychological characteristics of this age. For children in puberty and even occasional unnaturalistic image or description of sexual intercourse between men and women will be wearing erotic nature with relevant corrupting effects, that is, to cause obvious harm to their health and development " [3].

With regard to the concept of "information products" blurring the criteria used to define "Types of information harmful to the health and development of children", "defamatory"; "Provocative"; "Contains propaganda"; "Promotes"; "Calling", etc. draws the attention.

If we consider the information prohibited for distribution to children in a broad sense, it can be attributed to:

1) encourage children to commit acts which threaten their life and (or) health, including to harm their health, suicide;

2) the ability to arouse the desire of children: use of narcotic drugs, psychotropic and (or) intoxicants, tobacco and alcohol products, beer and beverages produced on its basis; participate in gambling, prostitution, vagrancy or begging;

3) the admissibility of substantiating or justifying violence and (or) or cruelty motivating exercise violence against people or animals;

4) denying family values and generates disrespect for parents and (or) other family members;

5) justifies unlawful behavior;

6) contains foul language;

7) containing information of a pornographic nature.

The information, which spread among the children of a certain age group is limited, includes information:

1) is in the form of pictures or descriptions of violence, physical and (or) mental violence, crime or other antisocial activities;

2) cause children fear, terror or panic, including representation in the form of pictures or descriptions in dehumanizing form of non-violent death, disease, suicide, accident, disaster or catastrophe and (or) their consequences;

3) is in the form of pictures or descriptions of sexual relations between a man and a woman;

4) containing swear words and expressions that are not related to foul language [4].

No less controversial is the introduction and acceptance criterion with regard to information: "The ability to cause in children recurring fear, panic or inspire them with horror."

In our opinion, the provisions concerning the rules of evaluation and classification of information products and the age group for which it is made must be changed. It is necessary to reconsider the approach of the state to the fact that the classification of information products is carried out not specially authorized state bodies, and its manufacturers and / or distributors of their own (including with experts, experts and / or expert organizations). Consequently, there is no state guarantee of adequate quality information products.

In this case, we have in mind, and activities related to the field of advertising.

This is yet another gap in the law, as advertising (directly or indirectly) can influence the subconscious of minors and create negative attitudes. It seems appropriate to include in legislation provisions aimed at regulating the evaluation of promotional products.

Thus, it is advisable to make to the national legislation, namely the Criminal Code of the Republic of Kazakhstan, the rules provide for criminal liability for violation of the laws of the Republic of Kazakhstan on the protection of children from information harmful to their health and (or) development.

Normally should detail the grounds for applying to the offender of criminal liability; established the responsibility of experts and expert organizations in the form of a fine and deprivation of the right to occupy certain positions or engage in certain activities for up to 5 years.

The proposed changes aimed at protecting minors from negative information will enable a new level of protection of human rights, particularly the rights of children.

Coping with providing information and psychological security of minors requires a comprehensive approach, that is the question of improving the theory and empirical laws: through the analysis of statistical data, jurisprudence, the monitoring of public opinion, the study of international experience.

Given the above, fully supporting the basic idea of the need to protect children from information harmful to their health and development and sharing the view of the need to limit the circulation of information products, depending on the age of the children, we believe that the problem of determining the age criteria and labeling needs to be addressed in conjunction with psychology and physiology.

List of references:

1. Dmitriev K.G. Psychological determinants of Internet addiction in adolescence: Author. dis. ... Psih.nauk. - M., 2013. - 21 p.

2. Zavalishina O.V. Pedagogical support adolescents who are prone to Internet addiction: Author. diss. ... Kand.ped.nauk. - Kursk, 2012. - 27 p.

3. Dossier on the draft Law of the Republic of Kazakhstan "On protection of children from information harmful to their health and development" // IS «Paragraph» http://online.zakon.kz/Document/?doc_id=31249501#sub_id=6

4. Federal Law of the Russian Federation of December 29, 2010 № 436-FZ "On protection of children from information harmful to their health and development."