Protection of children from information that can harm their health, spiritual and social development in the Republic of Belarus

Protecting children from information that can harm their health, moral, spiritual, and social development is recognized as one of the state's priority tasks, both under international law and Belarusian legislation.

The norms of international law governing the protection of children from information that harms their health, reputation, and development are reflected in the Convention on the Rights of the Child of the United Nations (concluded in New York on November 20, 1989, entered into force in the Republic of Belarus on October 31, 1990).

The most interesting, in my opinion, international law document in this area is Resolution No. 33-15 of the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States "On the Model Law 'On the Protection of Children from Information Harmful to Their Health and Development'" (adopted in St. Petersburg on December 3, 2009).

Article 3 of the aforementioned Law defines a clear listof information prohibited for distribution among children:

This includes information that encourages children to commit acts that pose a threat to their life and (or) health, including self-harm and suicide;

information that can cause children to desire the use of narcotic drugs, psychotropic and (or) intoxicating substances, tobacco products, alcoholic and alcohol-containing products, beer and drinks based on it, to participate in gambling, to engage in prostitution, vagrancy, or begging;

information that justifies or excuses violence and (or) cruelty, or encourages violent actions towards people or animals;

information that denies family values and fosters disrespect for parents and (or) other family members;

information that justifies unlawful behavior;

containing obscene language;

containing information of a pornographic nature.

Information restricted for distribution among children of certain age categories includes information:

presented in the form of an image or description of cruelty, physical and (or) psychological violence, crime, or other antisocial act;

causing fear, horror, or panic in children, including that presented in the form of an image or description in a humiliating form of non-violent death, illness, suicide, accident, incident, or catastrophe and (or) their consequences;

presented in the form of an image or description of sexual relations between a man and a woman;

containing abusive words and expressions not related to obscene language.

The legislation of the Republic of Belarus does not single out minors as a separate subject of legal relations in the sphere of information circulation and contains only general provisions restricting the distribution of information that can harm the health and mental development of citizens, emphasizing in some cases the need for special protection of minors.

The basic principles for restricting the distribution of information that can harm the physical and mental health and development of citizens are established by the Law of the Republic of Belarus of 17.07.2008 N 427-Z "On Mass Media". Subparagraph 1.3 of paragraph 1 of Article 38 of the Law establishes a prohibition on the dissemination of information aimed at promoting violence and cruelty.

The Law of the Republic of Belarus "On Advertising", in order to protect minors from the abuse of their trust and lack of experience, has established a set of restrictions on the production, placement (distribution).

advertising products (Art. 25).

In accordance with Art. 22 of the Law "On the Rights of the Child", a minor has the right to protection from information and agitation that harms their health, moral and spiritual development.

Article 16 of the Law of the Republic of Belarus dated 07.01.2012 No. 350-Z "On Counteracting Trafficking in Human Beings" prohibits educational institutions and public internet access points from providing minors with access to the global computer network Internet to information that promotes illegal migration, human trafficking and related crimes.

The sale of erotic products, products containing elements of eroticism, violence and cruelty, and products for sexual purposes is prohibited to all minors in accordance with the Rules for retail sale of certain types of goods and public catering, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated 07.04.2004 N 384;

Of course, children need special protection from destructive information influences, including moral corruption, sexual seduction, commercial and criminal exploitation using mass media. The listed norms in the legislation are not capable of fully protecting minors from aggressive information, as a result, as we see, socio-psychological prerequisites are created for the intensification of criminalization and victimization processes among minors, and their involvement in committing offenses is facilitated.

Senior Assistant Prosecutor of Vitebsk
Junior Counselor of Justice O.A. Koroleva.