Special legal regimes in the practice of PR departments of public...

Special legal regimes in the practical activities of PR departments of state authorities of different levels

In accordance with Art. 56 of the Constitution of the United States throughout the territory of the United States and in its separate localities in the presence of certain circumstances (they are listed in Article 3 of the Federal Constitutional Law on Extremal Regulations dated May 30, 2001 No. Z-FKZ) and in the order established by the norms of this Law, a special legal regime for life may be introduced, called an emergency.

Within one hundred limits to ensure the security of citizens and protect the constitutional order, in accordance with the norms of this law, individual restrictions of rights and freedoms with the limits and the duration of their validity may be established.

We emphasize that even in this kind of conditions, certain information rights and freedoms, in particular those provided for in Art. 20, 21, 23 (part 1), 24, 28, 34 (part 1), 40 (part 1), 46-54 of the US Constitution, are not subject to restriction.

However, restriction of press freedom and other media , if there is an announcement in accordance with the rules of this Law of the order extraordinary and the legal regime close to it - martial law (its legal regime is fixed by the Law of January 30, 2002 No. 1-FKZ), according to the national legislation, is allowed.

In accordance with Art. 1 of the Federal Constitutional Law "About the State of Emergency" "On May 30, 2001, No. 3-FKZ" The state of emergency means the special legal regime of the activities of the state's bodies in accordance with the Constitution of the USA and this Law throughout the United States or in its separate areas authorities, bodies of local self-government, organizations regardless of organizational and legal forms and forms of ownership, their officials, public associations, allowing certain restrictions of the rights and freedoms of citizens of the United States, wounded citizens, stateless persons, the rights of organizations and public associations, as well as the imposition of additional duties on them. "

In particular, in the case of a state of emergency in addition to the measures and time limits specified in Art. 11 of the Federal Constitutional Law "About the State of Emergency" in the territory where the state of emergency is introduced, by decree of the President of the United States on the imposition of a state of emergency may be envisaged as a temporary measure "restricting freedom of the press and other media" by introducing "preliminary censorship" indicating the conditions and procedure for its implementation, as well as the temporary seizure or seizure of printed matter, radio transmitting, sound reinforcing equipment, duplicating equipment, the establishment of a special procedure for the accreditation of journalists. "

Example from practice.

ABOUT THE REFUSAL IN ACCESS TO THE FIELD OF ACCIDENT TO THE JOURNALISTS OF THE TV COMPANY "AFFECTS" ADMINISTRATION OF THE KRASNOYARSK TERRITORY

Decision No. 8 (45) of March 23, 1995

The Trial Chamber for Information Disputes received an appeal from the general director of the television company "Afontovo" A. L. Karpov on the refusal by the deputy head of the administration of the Krasnoyarsk Territory V. L. Glotov to access the accident site of the journalists of TC "Afontovo".

After reading the video provided by the applicant, after listening to the representatives of the television company "Afontovo" Karpova AL, Solovyov E.L., Deputy Head of the Administration of the Krasnoyarsk Territory Semenov V.N., Representative of the Department of Air Transport of the US Department of Transportation A.Neradko, Trial Chamber installed:

On January 20, 1995, the plane L-410 of the Abakan air squadron was crashed 300 meters from the runway of the airport in Krasnoyarsk. On the scene, performing their professional duties, left the film crew of TC "Afontovo" in the staff of her regular correspondents S. Yu. Bondarev, A. S. Kuchko, S. V. Litvinov.

Upon arrival at the checkpoint, which was 150 meters from the scene, the crew asked the employees of the Krasnoyarsk Territory Department of Internal Affairs to provide security for the incident zone, permission to access the site and videotape it. However, the film crew not only was not allowed to the scene, but also received a ban on shooting from the line of cordon. Nor did the journalists receive any verbal information about the incident. The employees of the Internal Affairs Directorate motivated their refusal with an oral order of the deputy head of the Krasnoyarsk Territory, V. L. Glotov.

The next day, i.e. On January 21, in the morning, the film crew of TK Afontovo left the scene of the incident; in the composition of V. Kirichenko and V. Borgoyakov, who with great efforts shot a story about the plane crash. At the same time, employees of the Krasnoyarsk Territory Internal Affairs Department, engaged in cordoning off the accident site, behaved rudely towards journalists, obstructed, including using physical force, the exercise of professional duties by journalists.

At a briefing on January 23, 1995, the deputy head of the administration of the Krasnoyarsk Territory, VL Glotov, acknowledged that the instruction to ban journalists from entering the accident site was given to them.

In his speech, justifying the action of officials at the scene of the accident, the representative of the administration of the Krasnoyarsk Territory Semenov V.N. "the representative of the air transport department A. Peradko referred to the Regulations on the investigation of accidents and incidents involving civil aircraft of the USSR (1988) .). In this Regulation there is an entry about the prohibition of access by unauthorized persons to the scene of the incident (paragraph 23), to which, according to VN Semenov, journalists belong. (Mr. Neradko A. V. suggested solving this issue in the Trial Chamber.)

The Trial Chamber can not agree with such arguments.

In accordance with paragraph 7 of part 1 of Art. 47 of the US Law "On the Media"; a journalist has the right to visit a specially protected accident and disaster site to inform the public and is not an outsider in the sense of the abovementioned Provision on Investigation of Accidents. He fulfills his professional duties. Thus, the law makes a special exemption for journalists, excluding them from among "outsiders". But, of course, at the same time, the safety of the accident site must be ensured to investigate its cause and circumstances, the safety of journalists.

The Trial Chamber also takes into account that, in accordance with Cl. 3 of Art. 6 of the US law "On protection of the population and territories from natural and man-made emergency situations", by the Decree of the President of the United States "On Additional Guarantees of Citizens' Right to Information" from December 31, 1993, officials are required to promptly and reliably inform the public through the media about such cases. This requirement was also not met in time.

Given the above and guided by Art. 8 and 9 of the Statute on the Trial Chamber for Information Disputes under the President of the United States, the Trial Chamber decided :

1. VL Glotov, deputy head of the Krasnoyarsk Territory administration, was unjustified in his words, denied journalists access to the site of the accident, violation of their professional rights, limiting citizens' rights to timely, reliable information.

2. Recognize that referring journalists to the category of "outsiders" in the case of a plane crash in the airport, Yemelyanovo is unreasonable, as journalists performed their direct professional duties, while using the rights provided for in the US Law "On Mass Media."

3. To suggest the management of the Krasnoyarsk Territory Internal Affairs Directorate to carry out an official investigation into the facts of the rude attitude to the journalists of TC "Afontovo".

4. Publish this decision in the "Rossiyskaya Gazeta" newspaper.

When imposing a state of emergency throughout the United States in accordance with Art. 12 Federal Constitutional Law "On State of Emergency" can be introduced a special procedure for accrediting correspondents of foreign media in the United States.

When imposing a state of emergency in certain areas of the United States in accordance with Art. 18 of the same Law, the commandant of the territory on which the state of emergency is introduced, establishes a special procedure for accrediting correspondents of foreign media in the given territory and the order of their work.

In accordance with Art. 5 of the Information Act:

1. Information can be freely used by any person and transferred by one person to another person, unless federal laws establish restrictions on access to information or other requirements for the procedure for its provision or dissemination.

2. Information, depending on the access category, is divided into public information , and information that is restricted by federal laws (restricted access information strong> ) .

3. Depending on the order of its provision or distribution, the information is divided into:

1) information freely distributed;

2) information provided by agreement of persons participating in the relevant relationship;

3) information that, in accordance with federal laws, is subject to provision or dissemination;

4) information that is restricted or prohibited in the United States.

4. Legislation of the United States may establish types of information depending on its content or owner.

An idea of ​​how information security duties should be distributed according to the "Information Law" gives Table. 5.1.

Table 5.1

Allocation of information security duties (as required by the Information Act)

Measures to ensure information security

The holder

Operator

Distributor

Preventing unauthorized access

+

+

-

Transfer to Unauthorized Persons

-

+

+

Detection of unauthorized access

+

+

-

Preventing Adverse Effects

+

+

+

Avoiding impact on technical means of information processing

+

+

+

Possibility of immediate restoration of information, changed or destroyed by the subject of unauthorized access

+

+

?

Constant monitoring of ensuring the level of security of information

+

+

?

202

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