Russia’s New Censorship Laws On Anti-War Speech: The Implications For Free Speech
As Russia has increasingly isolated itself on the global stage over the war in Ukraine, Putin and the Kremlin are embracing this isolation by criminalizing speech they deem contrary to the official state narrative. Under new censorship laws passed by the Kremlin-controlled Russian parliament, advocating for peace or speaking against the Ukraine War have become punishable violations; with using the words “war” and “invasion” in public discourse potentially leading to up to 15 years imprisonment, or a substantial fine.
The laws
A number of new legal measures have been put in place by the Russian government (on the pretext of national security) to quash dissent and stifle opposition to their disastrous war in Ukraine. Mass media and social media, mainstays of free speech and open expression, are being increasingly threatened by aggressive government action to crack down on anti-war sentiments within the Russian populace.
The Russian Constitution does not guarantee free speech to its citizens fully, and prohibits “propagandising and campaigning” designed to “incite social, racial, national, or religious strife”. This is used in practice to persecute political opponents and censor undesirable expression, and attack otherwise peaceful protest movements seeking an end to the Ukraine War.
In 2022, there were 20,467 arrests at such protests, signalling an intensification of political repression by the Russian state as it cracked down on anti-war sentiments.
Article 280.3 of the Russian Criminal Code and Article 20.3.3 of the Code of Administrative Offences have imposed severe legal penalties for “public actions aimed at discrediting” the actions of Russian Armed Forces. “Discrediting” in this case has been taken to include calls to end the war in Ukraine, pro-peace protesting, or reporting of “false information” about the Russian military.
First-time offenders can expect to receive a fine of 50,000 rubles (approximately £550) for individuals or 500,000 rubles (£5500) for businesses or other legal entities. If there are “aggravating circumstances” such as violation of public order, or interruption of infrastructure (such as happens when protestors block a street) fines can be doubled.
Furthermore, the Criminal Code allows those with at least one administrative conviction to be imprisoned for up to 3 years for another violation, which increases to 5 years if there are “aggravating circumstances”.
Article 207.3 of the Russian Criminal Code makes disseminating “false information about Russian Armed Forces” a crime punishable by up to 15 years in prison. “False information” has been construed very loosely by Russian courts, with words such as “invasion” prohibited and journalists online having to use the term “special military operation” instead.
Even those who spread information later repeated by the state itself are not safe, as was the case for a 22-year-old university student tried for “false” posts about the destruction of the Ukrainian city of Mariupol, even as the Kremlin openly advertised plans to rebuild the destroyed city.
Indeed, according to the prevailing practice in Russian law enforcement, even violations of the new laws committed through the internet before the laws took effect are considered continuing violations, and so can be punished harshly (with the statute of limitations only starting to run after the text is taken down).
Lastly, Article 284.2 of the Russian Criminal Code makes calling for economic sanctions against Russia, Russian companies or Russian individuals a crime punishable by up to 3 years imprisonment.
The Implications for Free Speech
Since the issue of the laws in March 2022 up to mid-December of that year, there were only 25 days without political arrests in Russia (according to OVD-Info). This signals one of the largest efforts at mass repression of free speech in modern history, with journalists and protestors alike forced to flee their homes or be detained as criminals.
In anticipation of these draconian laws, a number of foreign media groups including Bloomberg and CNN suspended their activities within Russia. This raises the prospect that millions of Russian individuals and news sources may be compelled by the threat of criminal conviction to delete or remove their posts, articles and reports regarding anti-war or anti-government sentiments, distorting the historical record and reducing the Russian public’s access to protest materials and literature.
The Russian authorities have also increased their suppression of critical voices in the independent media, threatening to block access to many media outlets unless they conformed to the Kremlin’s distorted narrative. The state later blocked internet access to The Village, Dozhd, Echo of Moscow, DOXA, The New Times, Krym.Realii, Taiga.Info and the Current Time, prominent independent Russian media sites censored for their dedication to truthful reporting, and others have submitted and been forced to self-censor to stay in operation.
The provisions also create a risk for professional journalists and anti-war protestors, and indeed for anyone posting about or discussing in public the Ukraine War. Groups investigating and publicising violations of human rights in occupied areas could be subject to arrest and those publicly calling for an end to the war subjected to mass detention.
Indeed, even those who say the same things as the Kremlin are not safe; artist Sasha Skochilenko is currently being tried under Article 207.3 for claiming that “Russian conscripts are being sent to Ukraine”, a fact that (since her arrest) was confirmed by President Putin on 9 March 2022. If Skochilenko is found guilty, she could face up to 10 years in prison.
At least 440 other individuals have had criminal cases opened against them for violation of one of these new laws. Many are awaiting trials which could lead to up to 15 years in prison, whilst others have been forced to flee the country and go into exile.
It is a sad state of affairs that objective, truthful reporting in Russia is rewarded with massive fines and years of prison time, whilst the state propaganda machine continues to push its alternate reality onto the Russian psyche. How can there be free speech if you cannot guarantee your freedom after having spoken?
However, desperate actions by the Kremlin like these do bring forward one positive point: even in the face of total stage oppression, there remain those Russian journalists, protestors and honest people willing to speak truth to power and advocate for what is right. Even as the Kremlin seeks to crack down on dissent, protests in major Russian cities have continued into 2023 with the symbolic “Green Ribbon Movement'' and “Flower Protests”. A Kremlin poll obtained by the Russian outlet Meduza revealed that the share of Russians favouring peace talks with Ukraine grew from 32% to 55% between July and November 2022, and those in favour of the war dropped from 57% to 25%.
The Kremlin may try to restrict what the Russian populace can think and say, but in the end, it seems that even if they cannot express it, Russia is turning against the war in Ukraine and the Putin government that prolongs it.
