Many countries have developed their own national regulations for the internet. These attempts have been met with mixed success, sometimes with unexpected results. This is evident in a growing number of countries where it has been decided to limit internet access, the State Inspectorate of Control in the Sphere of Informatization and Telecommunications of Uzbekistan.
There are very few countries today that do not impose restrictions on internet usage. There are many levels of inhibiting effects. The degree of inhibitory effects varies widely. If the Internet technologies are neutral, their application is tied to the overall features of the national system. The legislation governing the Internet is determined by political goals. Therefore, rules for the use of technologies on the network have both a national and a political dimension.
Three main models can be identified from the analysis of legal regulation for the dissemination of (illegally obtained) information via the Internet in developed nations.
“Content Filtering” is the first model. Firewalls are one of the most important tools for such filtering. ISPs use firewalls to protect themselves against hackers and block access from sites in a particular direction. This legal approach to regulation is best represented by the United States.
The provider is responsible for all actions taken by the user using the second model. in France approved a bill on March 19, 2000 that required ISPs to reveal information about website authors to any third party, under threat of criminal prosecution and imprisonment. A March 22nd 2000 bill made it mandatory for website owners to register. It also made hosting providers criminally liable for unidentified users. The French ISPs require site owners who have their sites hosted on French servers to submit personal data before they can be made available online. This Law, as you can see eliminates anonymity and introduces ISP censorship.
Denmark , Belgium , and The Netherlands are the representatives of this second model.
Denmark uses a simplified process for closing down Internet sites. The state is the owner of all Internet resources. It suffices to file a request to close the site. This justifies the need to terminate it.
After evaluating the arguments, the Internet Website Complaints Commission may close down the website with illegal content.
The Belgium national legislation provides that Internet service providers are responsible for illegal information posted on servers.
The Netherlands legislation requires providers to install equipment that permits law enforcement agencies to monitor and store information.
If the ISP meets certain conditions regarding the nature of the services provided and the interaction with the subject matter of information exchange, the third model of Internet regulation exempts it from liability. This model of legal regulation can be attributed Germany.
Federal Telecommunications Act states that ISPs are only responsible for illegal content if they own it or knowingly share it with reference to another source.
The Law of the Republic of Uzbekistan “On Informatization” states that the state’s main policy directions in the area of informatization fall under the following:
– The realization of constitutional rights of citizens of the Republic of Uzbekistan, to freely receive information and to disseminate it.
– The creation of all conditions favorable and comprehensive for the access to international information networks, World Wide Web and other global information.
Particularly, Uzbekistan’s relevant ministries and agencies are working to create conditions for free access to foreign messengers and social networks on the territory.
The Law of the Republic of Uzbekistan “On Principles and Garanties of Freedom of Information” governs information security measures and is fundamental. It regulates public relations in the areas of receiving, using and storing information technology data, including information security.
This Law’s Article 14 states that information security is achieved through the establishment of democratic civil societies, freedom of media and prevention of illegal information.
By Resolution No.127I of the Oliy Majlis, the Republic of Uzbekistan has, effective August 31, 1995, acceded the International Covenant on Civil and Political Rights – the United Nations Covenant based on The Universal Declaration of Human Rights.
2020: The Uzbekistan delegation led by Akmal Saidov (First Deputy Speaker of the Legislative Chamber of the Oliymajlis) and Director of the National Center for Human Rights participated in the 128 thSession of the United Nations Human Rights Committee, held in Geneva.
Uzbekistan’s delegation presented the fifth periodic update of Uzbekistan on implementation of the International Covenant on Civil and Political Rights.
The head of the delegation, Mr. A.Saidov, gave detailed information on the main directions and accomplishments of implementation of the Covenant in Uzbekistan in his opening remarks.
The interactive dialogue saw the experts of the Committee laud the achievements in Uzbekistan’s human rights culture, which were made possible by the election of Shavkat Miyoyev to the presidency. Experts were pleased with the decrease in prison population and the ban on torture evidence being used, as well the progress made towards gender equality.
It is notable that the legislation has been modified to allow for criminal liability liberalization. The custodial sentence of slander or insult has been eliminated.
Recent years have seen the restoration of technical accessibility to web resources from a variety of foreign publications and human right organizations. Voice of America, Eurasianet BBC, Deutsche Welle Amnesty International Human Rights Watch, Reporters Without Borders Reporters Sans Frontieres, etc. are all available on the websites. Among them are:
Uzbekistan’s position in the “Press Freedom Index” 2022 has improved by 24 points over last year’s rating.
Uzbekistan is more liberal than other developed countries in its approach to Internet regulation. The following areas are covered by access regulation (content restriction).
– Protection from the negative effects on the younger generation, and protection of personal, private data
Protection against terrorist, extremist or radical content
We will provide an overview of Uzbekistan’s laws, which regulate access to illegal content and Internet resources containing such information.
According to the Article 121 of the Law of the Republic of Uzbekistan ‘On Informatization’ —
The owner of a site and/or page on a website, or any other information resource, including bloggers, is obliged to prohibit the use of his website, and/or page on a webpage, or any other information resource on Internet, where public information is posted for the following purposes
– The propagandization of violence, war and terrorism as well as ideas of religious extremism and fundamentalism.
– The dissemination of information that encourages national, racial or ethnic hatred.
– The propagation of pornography, a religion of violence and cruelty, and incitement to suicide or other prohibited content.
The urgent need to protect children from the traumatizing effects of negative information on their fragile psyches that can lead to vicious tendencies in them is an issue throughout the world.
Children are more susceptible to being influenced by computer games, mobile communications and advertising than any other group due to their lack of life experience, as well as their fragile psyche.
The Law of the Republic of Uzbekistan “On the protection of children from information harmful to their health”, specifically the Article 16, defines information that is harmful to the child’s health.
The Article 18 of the Law of the Republic of Uzbekistan “On Restriction of Distribution and Use of Alcoholic and Tobacco Products” states that advertising of alcohol and tobacco products is prohibited. The Article 23 of the Law of the Republic of Uzbekistan On Advertising’ prohibits the advertisement of tobacco, tobacco products, and alcoholic beverages of any strength.
The “Regulations for the Procedure for Registering and Using Domain Names in the Dome “UZ” was registered by Ministry of Justice of the Republic of Uzbekistan under number No.1830. A domain name administrator (website proprietor) will be held responsible for any information posted that violates the laws of the Republic of Uzbekistan. As soon as the offense is discovered, the domain administrator must take all technical measures possible to eradicate it.
The Resolution of the Cabinet of Ministers of Uzbekistan “On measures to improve information security in the World Information Network Internet” No.707 of September 5, 2018, defines the procedure for restricting Internet access outside the UZ zone.
If the legislation is not followed, a designated authorized body will restrict access to websites or pages on the Internet. This is done in strict compliance with national legislation.
The goal of the state policy in informatization is to create a national, integrated and self-sufficient information system. It takes into consideration current global trends in technology development and improvements.
The Republic of Uzbekistan continues to work towards improving the legal regulation of information dissemination on the Internet. This is in line with current trends in information technology development around the world.
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