Post-Soviet Media Law & Policy Newsletter
Issue 11 Benjamin
N. Cardozo School of Law October 15, 1994
DECISIONS: The Russian Federation Presidential
Judicial Chamber for Information Disputes
On Violations of the Russian Federation Constitution’s Norms on Equality
of Women, March 11, 1994 No. 5
The Women’s Union of Russia and Union of Lawyers submitted
statements to the Judicial Chamber for Information Disputes regarding violations
by some of the print media of the Russian Federation Constitution’s norms
on equality of women.
After examining these claims, the Judicial Chamber for
Information Disputes has determined that:
Advertisements for the First Voucher Fund (published
in the January 13-19, 1994 issue of “Finansovye Izvestiia” and in issue
No. 4 (January 1994) of “Ekonomika i Zhizn’”) and advertisements for the
“Alpha-Bank” (published in the February 18, 1994 issue of “Izvestiia TV”)
announced competitions for vacant positions in these organizations.
The positions were: securities specialists, lawyers, accountants,
secretary-”referent,” and chair of a bank board of directors. These
advertisements stipulated that only men would be allowed in the competitions.
Such limitation by gender was a flagrant violation of
Article 19 of the Russian Federation Constitution, which provides that
“men and women have equal rights and freedoms and equal opportunities for
their realization.” It also contravened Article 16 of the Russian
Federation Labor Code, pursuant to which it is impermissible “in any form,
directly or indirectly, to limit rights or to establish direct or indirect
gender-based preferences in employment.” It also violated the United
Nations Convention of December 18, 1979 “On Liquidation of All Forms of
Discrimination with Respect to Women” (ratified by the U.S.S.R. Supreme
Soviet Presidium on December 19, 1980), which provides that men and women
have the right to “equal opportunities in hiring, including the application
of equal criteria for selection in hiring.”
The Judicial Chamber takes notice that “Ekonomika i
Zhizn’“ published the following announcement: “The newspaper’s Editorial
Office takes no responsibility for the content of this advertisement.”
Such a general disclaimer does not comply with Article 57 of the Russian
Federation Law “On the Mass Media.” This Article contains a comprehensive
list of the only information, infringing citizens’ rights and legal
interests, for the dissemination of which editorial offices, editors-in-chief,
and journalists bear no responsibility. Thus, according to this Article,
editorial offices and editors-in-chief are responsible for the content
of advertisements published in the mass media. At the Judicial Chamber
session, a representative of “Izvestiia,” M.G. Khazin, stated that
“Izvestiia” will refrain from publishing such advertisements in the future.
Based on the above stated facts and in accordance with
Articles 4 and 12 of the Statute on the Judicial Chamber for Information
Disputes, the Judicial Chamber has decided:
1. To recognize that dissemination by the mass
media of announcements and materials, including advertisements, that are
aimed at any direct or indirect limitation of rights or that establish
direct or indirect gender-based preferences for employment is a gross violation
of the equality of men and women, which is established in the Russian Federation
Constitution, other legislative acts, and commonly recognized norms of
international law.
2. To reprimand the editors-in-chief of “Izvestiia”
(Iu. N. Golembiovskii), “Finansovye Izvestiia” (D.A.
Murzin), and “Ekonomika i Zhizn’“ (Iu. V. Iakutin) for publishing
the above advertisements.
3. To recommend that mass media editorial offices
verify that published advertisements are in conformity with the Russian
Federation Constitution and other Russian Federation legislative acts.
Chairman of the Judicial Chamber
A. B. Vengerov
Published in Rossiiskaia Gazeta on March 22, 1994. Translated into
English by Natalia Dronova and Frances Foster.
On Violations of Legal and Ethical Norms in Conducting the Paid Game
“05” with the Use of the Mass Media, June 2, 1994, No. 16.
The Russian Federation Presidential Judicial Chamber
for Information Disputes received a complaint from a journalist, N.
N. Belotserkovskaia, claiming that she was defrauded and sustained
and losses that could reach in excess of 100,000 rubles as a result of
the so-called game “05.” This game was conducted by the form “DIOS” and
advertised on the NTV channel by D. A. Dibrov.
The Judicial Chamber studied publications in newspapers
that criticized the rules and conditions of the game “05.”
After examining these materials and documents specifically
requested by the Judicial Chamber has determined that:
The organization and operation of the paid game “05”
as well as its advertisement by the journalist D. A. Dibrov on his Sunday
program on the NTV television company’s channel was in direct fraud of
its participants. This game flagrantly violated the information rights
of citizens . . . .
Organizations and operation of the paid game “05” had
no legal basis. The actual lottery was designated as a TV-contest.
There was no license to operate this game. Its organizers’ contracts
regarding technical and financial provisions were made in gross violation
of Russian Federation legislation.
ATV journalist D. A. Dibrov advertised the game “05”
on his NTV channel program at the same time that he was a founder for the
Joint-Stock Partnership “DIOS,” which organized the game “05.” Thus, D.
A. Dibrov used his status as a journalist for advertising his own commercial
enterprise without the required registration of his advertising activity.
D. A. Dibrov did not participate in the Judicial Chamber
hearing even though he was informed of it in a timely manner and twice
agreed to be present.
Based on the above stated facts and in accordance with
Articles 8, 10, and 12 of the Statute on the Russian Federation Presidential
Judicial Chamber for Information Disputes, the Judicial Chamber has decided:
1. To draw the attention of mass media editorial
offices (editors-in-chief) to the fact that organization, operation, and
advertisement of paid games must be in strict compliance with the requirements
of Russian Federation legislation. They should not allow violations
of citizens’ information rights and should not promote fraud and deception.
2. To recommend that the leadership of the NTV
TV-company take measures to prevent further abuses by journalists of their
professional status in order to advertise commercial projects that are
ethically questionable and illegal.
3. To reprimand TV-journalist D. A. Dibrov for
advertising the unlawful game “05” on his program “Sunday Evening with
D. A. Dibrov.”
All materials regarding legal violations that were uncovered
during investigation of the unlawful paid lottery “05”’s organization and
operation should be sent to procuratorial organs for a legal assessment
of the activity of the game’s organizers, including D. A. Dibrov.
4. To commend the constructive reaction of the
GP MGTS [Moscow telephone company-trans.], which took the initiative to
stop the game “05” and to return all money to citizens.
Chairman of the Judicial Chamber
A. V. Vengerov
Published in Rossiiskaia Gazeta on June 8, 1994. Translated into
English by Natalia Dronova and Frances Foster. The “05” decision
is published in abridged form.