Information law. Information legal relations arising when searching, receiving and consuming information, information resources, information products, information services (the most important)

Lecture notes, cheat sheets
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Information law. Information legal relations arising when searching, receiving and consuming information, information resources, information products, information services (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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17. INFORMATION LEGAL RELATIONS ARISING IN THE SEARCH, OBTAINING AND CONSUMPTION OF INFORMATION, INFORMATION RESOURCES, INFORMATION PRODUCTS, INFORMATION SERVICES

Such rights and obligations arise for consumers of information operating in the information sphere of the same name, and producers of information, information resources, information products and information services operating in the corresponding areas of the information sphere model of the same name.

Realization of the right to search, receive and transfer information (the right to access information or the right to know) is the most important, in fact, defining institution of information law. The legal foundation of this institution is the information and legal norms of the Constitution of the Russian Federation (Chapter 3).

Article 29, paragraph 4. Everyone has the right to freely seek, receive, transmit, produce and disseminate information in any legal way.

Article 44, paragraph 2. Everyone has the right to participate in cultural life and use cultural institutions, to have access to cultural property. 3. Everyone is obliged to take care of the preservation of historical and cultural heritage, to protect historical and cultural monuments.

Article 29, paragraph 5. Freedom of the mass media is guaranteed. Censorship is prohibited.

The right to freely search for and receive information means the right of everyone to apply to state authorities, public associations, bodies and organizations, and other structures for obtaining the necessary information; the right to apply to cultural institutions, other structures, to the custodians of cultural property in order to obtain the requested information from them; the right to freely receive messages prepared and distributed by the mass media, the right to receive information contained in scientific and literary works, as well as other information disseminated, including for commercial purposes.

Subjects - consumers of information, acting in this area, exercise their constitutional right to search for and receive information of any kind and form of presentation, with the exception of restricted information, the procedure for obtaining which is regulated specifically. They enter into legal relations with those producers of information, information objects that act in fulfillment of their duties for the production and dissemination of information (these are mainly state structures and local governments), as well as with producers of information - authors of works or owners of information objects.

At the same time, consumers of information bear civil, administrative, legal and criminal liability for the unlawful use of the information received.

It is necessary to fully regulate the relations that arise when searching for and receiving: messages announcing the state of affairs or the state of something (obtaining reliable, prompt, complete information distributed by the media); information contained in scientific, literary works, other information distributed, including for commercial purposes; information from state information resources that is of public interest or affects the information rights and freedoms of each consumer.

In order to ensure the realization of the right of everyone to search for and receive the specified information, the state must ensure the freedom of its production and distribution, fix the obligations of state structures and local governments to prepare and provide information at the request of consumers, establish the procedure for providing information, the responsibility of persons for unreasonable refusal to provide information .

Author: Yakubenko N.O.

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