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The procedure has been changed for restricting access to information disseminated in violation of the law or copyright

Pepeliaev Group advises that amendments have been passed to the Federal Law “On information, information technologies and data protection”[1]. These amendments establish new rules for restricting access to information disseminated in violation of copyright and/or related rights or legal requirements, and specify the procedure for restricting access to the information resource of a person organising the dissemination of information.

On 27 March 2020, the Russian State Duma passed in the third reading the Federal Law “On amending the Federal Law ‘On information, information technologies and data protection’” (the “Law”) which vests Roskomnadzor[2] with additional powers to restrict access to information resources disseminating content which violates copyright and/or related rights or legal requirements.

On 2 June 2020, the Federation Council approved the Law; it is expected to be signed by the Russian President shortly.

The Law will come into force on 1 October 2020.

1. Computer software as an information resource

The Law specifies the notion of an ‘information resource’ disseminating items subject to copyright and/or related rights without the permission of the owner of such rights. Such resources now encompass software applications as well. The latter are defined as computer software that enables, via information and telecommunication networks (including the Internet), access to items subject to copyright and/or related rights (excluding photographic works or works obtained using methods similar to photography), or to information necessary to obtain such items[3], without the permission of the owner of such rights, or without any other legitimate ground.

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The new rules will allow owners of rights to apply to Roskomnadzor, demanding that access be restricted to computer software via which items subject to copyright or related rights are disseminated without their permission. Before the Law was adopted, the implementation of such right had been troublesome since the existing approaches[4] to the interpretation of the notion ‘information resource’ did not always imply that this term covered computer software as well.

2. Restricting access to pirate content disseminated via software applications

The Law has changed the previously existing procedure for restricting access to information resources in connection with items subject to copyright and/or related rights being disseminated without the permission of the owner of the rights. Starting from 1 October 2020, access to pirate content disseminated though a website in the Internet will be restricted in accordance with the old rules; as concerns software applications, a standalone procedure will be introduced.

To restrict access to a software application which violates copyright and/or related rights, the owner of the rights will have the right, by virtue of a judicial decision, to address Roskomnadzor with a petition for measures to be taken to restrict access to the application.

comment.jpgSuch judicial decision may be formalised as a court ruling issued before a lawsuit has been filed by virtue of a motion of the owner of the rights for provisional injunctive measures to be taken aimed at protecting copyright and/or related rights in the Internet, provided that such motion has been filed in accordance with article 1441 of the Russian Civil Procedure Code.


By virtue of a judicial decision which has come into effect, Roskomnadzor, acting within three business days,

(1) determines the owner of the software application[5] as well as the owner of the information resource on which this application is hosted in the Internet, or any other person ensuring that the application is hosted in the network;

(2) sends to the owner of the information resource or to any other person ensuring that the application is hosted in the Internet an electronic notification in Russian and English stating that the exclusive rights to items subject to copyright and/or related rights have been violated and demanding that measures be taken to restrict access to such items that are subject to copyright and/or related rights; this notification should contain the following information:

  • the title of the work, information concerning its author and the owner of the rights;
  • the name of the software application and/or its network address;
  • a summary description of the functional capabilities of the software application and/or other information making it possible to identify such application;
  • the requirement to take measures to restrict access to such items that are subject to copyright and/or related rights,

(3) enters into the relevant information system the date and time when the notification was sent.

The owner of the information resource on which the software application is hosted (or any other person ensuring that such application is hosted in the Internet), acting within one business day after it has received a notification from Roskomnadzor, must inform the owner of the software application of this fact and communicate to the owner that access to the unlawfully disseminated content must be immediately closed.

After receiving such notification, the owner of the software application must, within one business day, restrict access to the items that are subject to copyright and/or related rights hosted without the permission of the owner of the rights or without any other lawful ground.

Consequences of a failure to comply with the requirements to restrict access

If the owner of the software application refuses to comply with the above requirement of the owner of the information resource to restrict access to the software application disseminating pirate content, or if it fails to act, then the owner of the relevant information resource must on its own restrict access to such application no later than three business days after it received the relevant notification from Roskomnadzor.

If the owner of the information resource hosting the application which disseminates pirate content fails to take the necessary measures in a timely manner to restrict access to items violating copyright and/or related rights, Roskomnadzor sends to the communications operator the information necessary for the relevant measures[6] to be taken to restrict access to the software application. The communications operator must restrict access to the software application within 24 hours.

Restoring access to the software application

If a judicial decision is passed to cancel the restriction of access to a previously blocked software application, Roskomnadzor must, within three business days after receiving such judicial decision, notify the communications operators and the owner of the information resource on which the relevant software application is hosted that the measures aimed at restricting access to the software application have been cancelled.

The owner of the information resource, within one business day after receiving the above notification from Roskomnadzor, informs the owner of the software application of this fact and notifies it that the restriction may be lifted.

3. Changes in the procedure of restricting access to information disseminated in violation of the law

Before the Law was adopted, a hosting provider (or any other person ensuring that the information resource is hosted in the Internet) was given 24 hours, after receiving the relevant notification from Roskomnadzor, to inform the owner of the information resource that the information disseminated in violation of the law must be deleted.

Starting from 1 October 2020, the owner of the information resource must be informed immediately after the relevant notification from Roskomnadzor has been received. Then the owner of the information resource will be granted 24 hours to delete the relevant information which has been disseminated in violation of the law.

If the owner of the information resource refuses or fails to act, the hosting provider must, after the granted 24-hours period has expired, restrict access to the relevant information resource.

4. Particular aspects of restricting access to the information resource of the person organising the dissemination of information

The Law provides for certain changes aimed at making the procedure more specific for restricting access to the information resource of the person organising the dissemination of information for such person failing to fulfil its duties stipulated by article 101 of Federal Law “On information, information technologies and data protection”[7].

comment.jpgWe remind you that a person organising the dissemination of information is defined as a person ensuring the functioning of information systems or computer software designed for Internet users to send electronic messages.

The Law stipulates that a judicial decision by virtue of which access is restricted is issued further to Roskomnadzor’s application for restricting access to information systems and/or computer software which are designed and/or used to receive, transmit, deliver or process electronic messages from Internet users and whose functioning is ensured by a specific person organising the dissemination of information before such person performs its duties as appropriate.

What to think about and what to do

For entities whose activities are connected with the development and marketing of software, the adoption of the Law makes more urgent the issue of controlling content that is posted and timely responding to requests of owners of the relevant rights.

It is also recommended that the owners of software applications consider creating complex control systems for information they post to check whether such information complies with Russian legislation.

Help from your adviser

Pepeliaev Group's experts have a strong track record of defending the interests of developers of software applications before state bodies. We are ready to provide legal assistance in relation to issues which have arisen in connection with the Law being passed.



[1] Federal Law No. 149-FZ “On information, information technologies and data protection” dated 27 July 2006.

[2] The common Russian acronym for the Federal Service for the Supervision of Communications, Information Technology and Mass Media.

[3] An example of such information would be a hypertext reference to an external resource containing items subject to copyright and/or related rights, or a torrent file.

[4] These approaches are referred to, among other things, in paragraphs 3 – 6 of the Explanatory Note to the draft law.

[5] The owner of a software application is a person who, independently and at their own discretion, determines the procedure for using the software application.

[6] The list of information to be sent to communications operators for them to take measures to restrict access to the software application is determined by Roskomnadzor.

[7] Including the duties of the person organising the dissemination of the information aimed at storing certain information in the territory of the Russian Federation; at providing to the Russian Federal Security Service information necessary to decipher received, transmitted, delivered and/or processed messages from Internet users, etc.

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