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The banning of Meta on the grounds of its extremist activities

DATE: March 28, 2022 | AUTHOR: AT

On 21/03/2022 Tverskoy District Court of Moscow made a decision («The decision») to ban the activities of the corporation Transnational Holding Company Meta Platforms Inc. (“Meta”) on the grounds of conducting
extremist activities, company’s activity is prohibited on the territory of the Russian Federation . The Decision, according to the information available in open sources and the recorded video of the meeting, is to be
immediately executed.

Recognising Meta as an extremist organisation and banning its activities in the Russian Federation entails such risks as:

• The administrative liability is to be imposed for displaying Facebook and Instagram logos. A fine from 1,000 up to 2,000 rubles or administrative arrest for up to 15 days for citizens; a fine from 10,000 up to 15,000 rubles for legal entities are set under Article 20.3 of the Code of Administrative Offences of the Russian Federation.

Public display is the dissemination of information to an indefinite group of people (including publication on a website, social network, other resources that provide free access to the published material);
We recommend removing the Facebook and Instagram (Meta) symbols from all online resources and physical data carriers (e.g. signs, stickers) to avoid the risk of administrative liability.

• The criminal liability is to be imposed for payments to Meta Group companies under Article 282.3 of the Criminal Code of the Russian Federation (financing of extremist activities) in the form of a fine from 300,000 up to 700,000 rubles, compulsory labour for 1 to 4 years with suspension of the right to hold certain posts or to engage in a particular activity for up to 3 years, or imprisonment from 3 to 8 years.
Financing includes the provision of funds to an extremist organization. Potentially criminal offences could include the purchase of commercials or ‘promotion’ on Meta resources. We recommend not making such payments.

At present, there is no proper clarification on this issue (including of judicial practice on liability following the Decision). In this regard, we do not exclude that enforcement practices following the Decision may lead to other
risks, such as: liability for maintaining Facebook and Instagram accounts (for example, Article 282.2 of the Criminal Code of the Russian Federation), for mentioning Meta resources without indicating that its activities
are banned in the RF in all social networks and on physical data carriers (for example, Article 13.15 of the Code of Administrative Offences of the Russian Federation) and other risks.

We will follow up on incoming information and let you know as soon as possible.

Posted in Firm News Newsletter

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