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Russian Constitutional Court Upholds Military Fake News Law

The Constitutional Court of Russia has rejected a complaint from former Moscow municipal deputy Alexei Gorinov concerning the law against spreading false information about the military.

The court ruled that the law does not prohibit expressing critical opinions about the army’s activities, as long as it doesn’t involve the deliberate dissemination of unreliable information. The decision was issued at the end of May.

Gorinov, who is included in the list of terrorists and extremists of Rosfinmonitoring, was sentenced to 6 years and 11 months in prison for allegedly spreading false information about the Russian Armed Forces while in office. This stemmed from statements he made at a March 2022 meeting of the Council of Deputies of the Krasnoselsky municipal district.

Gorinov argued that Article 207.3 of the Criminal Code violates principles of ideological and political diversity, as well as freedom of thought and speech. He claimed he was being prosecuted for criticizing the armed forces and for presenting facts that differed from the official state position.

He also challenged the law on local self-government, arguing that it should have protected him from prosecution based on his deputy immunity for speeches.

The Constitutional Court found no ambiguity in the law. It stated that the regulations do not impede a deputy’s lawful activities or restrict their freedom to hold beliefs, provided that their expression does not violate criminal law.

The court emphasized that citizens must not disrupt public order, even when exercising their constitutional rights. Regarding parliamentary immunity, the court clarified that it does not excuse deputies from liability for public insults or defamation, and it equates spreading knowingly false information with these offenses.