The Russian Federation’s attack on Ukraine has brought with it a number of reactions here, including in the online space. One of the most significant steps was a “plea” from the government and Military Intelligence to stop disinformation websites operating in the Czech internet space. However, this step triggered a debate on censorship of information that continues to this day. Last week, the Constitutional Court reached a decision rejecting the state’s responsibility in this matter.
Following Russia’s attack on Ukraine, the government appealed to domain administrators and mobile operators to block disinformation sites spreading pro-Russian propaganda.
Specifically, on February 25, 2022, the day after the Russian invasion of Ukraine began, the government passed a resolution regarding hybrid activity against the interests of the Czech Republic. “The Government calls on all relevant entities to take the necessary measures leading to the prevention of the dissemination of false and misleading information in cyberspace, which serves to manipulate the population of the Czech Republic towards justifying and approving the current Russian military aggression against Ukraine.”
This “plea” was joined by the Military Intelligence Service, which sent a letter listing 22 specific websites. Among these websites were well-known companies such as aeronet.cz and sputniknews.com.
Military Intelligence is one of the intelligence services of the Czech Republic. It is responsible for obtaining, collecting and evaluating information important for the defence of the Czech Republic, not only at home but also abroad. In addition, it is also involved in the provision of cyber defence.
The CZ.NIC domain administrator has decided to partially comply and block a total of eight disinformation websites. “Theaggression of the Russian Federation towards Ukraine has long been accompanied by a disinformation campaign in a number of internet media outlets that use the Czech national domain. As this information is purposefully not based on truth and demonstrably encourages the spread of fabricated rumours, messages and instability in society, we have decided to block these prominent disinformation internet media after consultations with the highest representatives of the state.” Mobile network operators have decided to do the same, blocking six disinformation websites on their mobile services.
The move has caused many people to become disillusioned and question whether the move borders on censorship and restrictions on freedom of speech. Along with this, a number of lawsuits have surfaced.
The AC24.cz website, headed by its founder Ondřej Geršl, sought to have the site unblocked by means of an interim injunction. However, it was unsuccessful and subsequently sought compensation for lost advertising revenue. The District Court dismissed the claim, but the Municipal Court of Appeal in Prague upheld the claim and ruled that the blocking by T-Mobile was illegal. This was in breach of the European Parliament’s Regulation on Net Neutrality, which states that providers of internet access services must not block or discriminate against specific content except to ensure compliance with the law and to preserve the integrity and security of the network. Therefore, according to the court’s decision, T-Mobile is liable for the damages.
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But the main debate and the lawsuits revolved around the state’s challenge and whether the state itself acted illegally in this matter. The lawsuit filed by the Otevřená společnost association, headed by STAN deputy and co-author of the Right to Information Act Oldřich Kuželík, and the non-profit organization H21 Institute, headed by Karel Janeček, also fell into this category.
They filed a lawsuit against the Ministry of Defence, under which the Military Intelligence falls, and specifically against the aforementioned letter, which listed a list of 22 disinformation websites. The justification was that the state had interfered with their right to receive information and freedom of speech by blocking the websites.
The Municipal Court in Prague commented on the lawsuit, stating that there had been no interference with their rights. According to the court, the state did not order or force anything on anyone, it was only a request directed to private entities, which may or may not have complied with it. Thus, the responsibility lies solely with those private entities. The Supreme Administrative Court and the Constitutional Court subsequently agreed with this decision.
Tip: The system of courts in the Czech Republic may seem relatively clear and straightforward, but we still encounter a number of questions about it. This may be due to a somewhat confusing terminology or not clearly explained powers of some courts. Do you know which court to turn to? Find out in our article.
Already after the blocking of disinformation websites, the government of Petro Fiala expressed its opinion on the matter by preparing a law that would regulate the rules for blocking disinformation websites. The Ministry of the Interior, headed by Vít Rakušan, is in charge of preparing the law. The draft law is already ready, but it is still unclear whether it will be submitted for approval. There is an ongoing debate about whether such a law is needed at all and whether prevention in the form of education, the development of critical thinking and the importance of verifying the truthfulness of information is better.
The whole matter is extremely serious and complex, and various values and constitutional principles are clashing. Free debate cannot be conducted without relevant information, but the government should not “hide” behind “pleas” despite its success in court, but should take clear positions.
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