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Accepted at the thirty third plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the Resolution of December 3, 2009, No. 33-15

MODEL LAW

About protection of children from information doing harm to their health and development

This Law establishes legal and organizational basis of state policy and international cooperation of the State Parties of the Commonwealth of Independent States (further - the state) in the sphere of ensuring information security of children taking into account the conventional principles and rules of international law including enshrined in the Convention of the UN on the rights of the child and the Model law of the State Parties of the CIS "About basic guarantees of the rights of the child in the state".

Chapter I. General provisions

Article 1. Coverage of this Law

1. This Law governs the relations connected with protection of children from information doing harm to their physical and mental health, moral, spiritual, mental, physical and social development (further - to health and development), including in case of turnover of the information products intended for children and the information products intended for the uncertain group of people and extended without application administrative, technical, software or different ways of non-admission of access for children to it in time, available to children, or in public places, available to visit by children.

2. This Law does not extend:

1) on turnover of scientific and scientific and technical information products;

2) on turnover of information which distribution is forbidden or limited to the laws on fight against terrorism, extremism, crimes against the world and safety of mankind;

3) on regulation of information access which inadmissibility of restriction is established by the laws of the state.

3. Other types of information (information products) to which operation of this Law, and also feature and condition of access for children to the separate types of information covered by operation of this Law does not extend can be established by the laws of the state.

Article 2. State policy in the sphere of protection of children from information doing harm to their health and development

1. State policy in the sphere of protection of children from information doing harm to their health and development is determined by the provisions and obligations provided by the constitution of the state, the conventional principles and rules of international law, international treaties of the state aimed at providing information security of children, protection of their physical and mental health, creation of conditions for full moral, spiritual, mental, physical and social development of children in modern society and also on the prevention of the crimes committed concerning children with use of information technologies.

2. State policy in the sphere of protection of children from information doing harm to their health and development is performed on the basis of the following principles:

1) priority of the rights and legitimate interests of children, ensuring their special protection with the state;

2) creations of conditions of turnover of information products by the state, safe for life and health of the children providing their full development and socialization;

3) admissibilities of restriction of the right of the child to freely express the opinion, including freedom to look for, receive, transfer information and the ideas of any sort if it is necessary for respect of the rights and reputation of other persons, for protection of state security or public order, health or morality of the population, and also in cases when use of such rights can do harm to the child, his morality, health and normal development;

4) priority of the right of the child to protection of morality, health and ensuring full development before interests of providing freedom of expression and mass information, other rights and freedoms of adult consumers of information products, and also her producers and distributors;

5) admissibility and legitimacy of restriction of the rights and freedoms of physical persons and legal entities, including freedom of expression and mass information, in cases when their implementation violates the rights and legitimate interests of children or poses threat of morality of other persons;

6) recognitions of liberty of choice and access for full age persons to any information which distribution is not forbidden by the legislation of the state, on condition of ensuring protection of children from the information products capable to do harm to their health and development;

7) inadmissibility of use of mass media, information and telecommunication networks public and other mass media for the purpose of promotion of pornography, violence and cruelty, drugs and psychotropic substances, antisocial behavior, for distribution of other information which turnover is forbidden by the laws of the state, for making of crimes against children with use of information technologies;

8) systemacities of the state measures of protection and protection of children from the information products doing harm to their health and development;

9) priority of preventive measures of protection of the rights and legitimate interests of children in the sphere of turnover of information products and their protection against abuses of freedom of distribution of information;

10) respect of historical and other traditions and cultural values of the state;

11) international cooperation in the sphere of counteraction to illegal distribution (including with use of information and telecommunication networks public) information forbidden for turnover in the territory of the states and also in fight against the transnational crimes against children committed with use of information technologies.

Article 3. The basic concepts used in this Law

Unless otherwise specified, the basic concepts used in this Law have the following values:

1) age category of information products - category of information products which turnover is allowed according to the procedure, provided by this Law, among persons of certain age group;

2) age classification of information products - distribution according to this Law of information products depending on its subject, content (content), registration and orientation on age categories of information products;

3) cruelty demonstration - the description or the image of tortures, tortures, tortures, mockery over the victim, applications of sophisticated methods of drawing mutilations and deprivation of life, and also other acts inflicting special physical or mental suffering on the person or animal, and is equal the description or the image of violation of bodies of the dead or places of their burial;

4) violence demonstration - the description or the image of physical, sexual or mental abuse over the person, including deprivations of his life, damnification to his health, rape or other violent acts of sexual nature, or great insults and mockery at the person, and is equal the description or the image of corpses of the killed people or traces of bloodshed;

5) children are persons who did not reach 18-year age; the child - person under the age of of 18 years;

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