I want to create a forum, which is devoted to a videogame, but I have a law question. What will happen if some user posts an illegal content? Am I responsible for it? I don't want to hire moderators. And I can't maintain forum every day, because I have much work. What will happen, if I go to place, where there is no Internet access, for long time? Also, what will happen if I lose interest to my forum and I stop maintaining it (forum will continue working)? Should I delete it in this case? Can I cooperate with law enforcement, so they could delete illegal content whithout my participation? Forum will be hosted by my own home server. Of course, posting an illegal content will be prohibited. I live in Russia. Please help.
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2This is an English-language site.– Nate EldredgeCommented Jul 28, 2020 at 20:02
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This might be a fantastic question, but yeah.– DamilaCommented Jul 28, 2020 at 20:09
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3I’m voting to close this question because questions should be posted in English.– Ron BeyerCommented Jul 28, 2020 at 20:30
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1@Damila "This might be a fantastic question, but yeah". The OP intends to create a discussion forum about videogames. He wants to know whether he would be liable for illegal content users upload thereto, which I address in the link I provided (although I'm uncertain of its applicability under russian law and hence I am posting a comment instead of an answer), as well as other issues regarding the legal ramifications in the event that he stops maintaining/supervising the forum temporarily (for going on vacation to a place with no Internet access) or permanently (for losing interest).– Iñaki ViggersCommented Jul 28, 2020 at 22:47
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2Thanks to all who raised flags on this. In order to forestall any more, I will point out that there is no requirement for posts to be in English or any other language. Feedback from those who speak Russian suggests this is an on-topic question and while not using English is likely to reduce the pool of potential answers it is not ground for closing the question.– Dale M ♦Commented Jul 29, 2020 at 0:07
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1 Answer
I interpret this as a general information question about website liability law in Russia, and not a request for specific legal advice. Many questions depend on detailed knowledge of how the Russian legal system works, good luck with that. Here is a summary of the 8 main categories of legal concern.
You should not allow copyright infringement on your forum. This overview of Russian copyright law affirms that secondary liability in civil and criminal infringement cases exists. If someone illegally posts a movie, you may end up liable. In the US, there is a legal path to protect yourself ("DMCA takedown"). By reputation, Russia does not actively enforce anti-piracy laws: ask your attorney for more details (on that, and every other issue). Distribution of pornography is another concern. You may have secondary liability for cyber attacks if you negligently leave your forum unprotected and unattended. You may also face legal consequences for distribution of items on the Federal List of Extremist Materials, as well as spreading "fake news" (in the judgment of government authorities), and showing blatant disrespect toward state authorities. This article surveys Russian law surrounding insult and defamation, which are crimes under Art. 129, 130 of the Criminal Code: you do not want to be a publisher of defamatory material. Partially related to copyright infringement, you will presumably have a user agreement where you promise to do certain things in exchange for users doing certain things – a contract. You then have to be sure not to violate that contract, meaning that you would need to know what constitutes a breach of contract, and whether Russian contract law prohibits certain terms in contracts (just because you say "I am not responsible for X" does not relieve you for legal responsibility). User privacy may also be a concern, since Russia has a GDPR-like law. Finally, though this would be the least concerning, you can also be held liable for violating the laws of other countries, because the internet is everywhere.
answered Jul 29, 2020 at 16:07
