Lawyers assessed the risks of prosecution of Chechen bloggers for advertising on social media.

The practice of prosecuting for advertising on Meta* platforms is still just beginning to take shape in Russia, and Chechen bloggers face administrative or criminal liability for advertising dubious apps and financial pyramids.

As "Caucasian Knot" reported, bloggers who post ads for dubious apps and financial pyramids should be held accountable, users of a Chechen public page stated, commenting on a security official's report about signs of a financial pyramid in an app advertised on social networks.

Media lawyer Svetlana Kuzevanova, lawyer Patimat Abdulaeva, lawyer Vadim Prokhorov, a lawyer for the Memorial Human Rights Defense Center (an organization included in the register of foreign agents), and a political scientist from Chechen Ruslan Kutayev (included in the register of foreign agents).

The line between advertising and information is very fine, which complicates the issue of violation, noted Svetlana Kuzevanova. "Advertising of financial services is very strictly regulated, and if loans, deposits, credits, or other financial activities are offered to the public in violation of the law, then such advertising is inappropriate. Advertising on prohibited platforms is unacceptable, but providing information there is not prohibited. If a blogger expresses their personal opinion about a product or shares their user experience, then that is information. But the line is fine, and if [the blogger] excessively draws attention to a product, for example, it can be considered advertising," she said.

According to her, one case of advertising on Instagram* is currently known. "The case is still under review, and it is unknown whether there will be a fine." The Omsk Federal Antimonopoly Service (FAS) opened the first case [in Russia] against a blogger for advertising on Instagram* after September 1, when the ban came into effect. They investigated two posts. The first was about a makeup studio's birthday and mentioned clothing brands, but it was deemed to have been posted before the ban, so they only found fault with the lack of an "advertisement" label. The second post proved more interesting, as it featured the blogger unpacking cosmetics and saying something like, "I don't know what brand it is, but [name] recommended it, girls, you have to get it." The FAS treated it literally as an advertisement. They are currently prosecuting the individual entrepreneur who distributed the product, who was also found to be the advertiser. "The situation is curious because this is the first case under the new rules," the lawyer said.

The cases weren't simply brought because of advertising, but mainly because there were victims.

If there are victims of pyramid advertising, then the case is opened under the fraud law, Patimat Abdullayeva pointed out. "Our deputies are slapping together these laws so quickly that it's hard to keep up. Therefore, I can't say for sure how the law currently applies to these pyramid schemes, but some time ago, they were classified as fraud if a criminal case was opened. Another important point: as a rule, cases were opened not simply because of advertising, but mainly because there were victims," she said.

Bloggers can be held administratively or criminally liable for advertising financial pyramid schemes, according to lawyer Vadim Prokhorov. "They could be subject to administrative liability under Article 14.1 of the Code of Administrative Offenses for illegal entrepreneurial activity. It carries a fine of up to 50,000 rubles. But there's an important point: did the blogger know about the illegality of the scheme and profit from it? If they did, then they could face a more serious penalty—Article 172.2 of the Russian Criminal Code, "Organization of Activities to Raise Funds," with a penalty of up to six years in prison," he said.

According to him, if a blogger simply posted for money, unaware of the pyramid scheme, it's administrative liability. "If they were involved, received a percentage, and actively recruited people, that's organizing criminal activity. In the Kabardino-Balkarian case, as I understand it, the bloggers were participants in the scheme, not just advertisers. They received a percentage from the clients they attracted, created groups, and acted as agents for the pyramid scheme. This isn't just posting an advertisement, but active participation in organizing criminal activity. That's why there's Article 172.2 of the Russian Criminal Code," he explained.

Advertising in Meta* apps has been banned by law since September 1, but this ban is still unenforceable for millions of users, said a lawyer with the Memorial Human Rights Center, who asked not to publish his name.

This won't be widespread

"Placing commercial advertising on Instagram* and WhatsApp* violates Article 15.3 of the Code of Administrative Offenses, which prohibits advertising in the products of extremist organizations. Meta has been recognized as extremist, and its activities are prohibited. But there haven't been any widespread prosecutions for placing ads yet. Perhaps it will take time for us to learn about them. It seems to me that the authorities are turning a blind eye, realizing that millions of Russians continue to use these platforms, earn money, and for many, this is their main source of income. Of course, there will be cases of prosecution and prosecution, but this won't be "It will be widespread," he believes.

Registration of bloggers in Chechnya is primarily a tool of control and intimidation, noted Ruslan Kutayev. "It's become easier to hold people accountable, not technically, but psychologically—bloggers are now under surveillance, knowing the authorities have their data. This creates an atmosphere of self-censorship. The authorities are using 'Islamic norms' to maintain loyalty to the regime, not to regulate advertising," he said.

According to him, the Chechen blogosphere hasn't changed dramatically. "There was no criticism before, and none has appeared since registration. Those who disagree either remain silent or have left. Registration was needed not to combat financial pyramids, but to gain total control over the information space in the republic," he pointed out.