Notaries will incite "trolls"

The Ministry of Justice of the Russian Federation is preparing a draft law regulating the creation of a special portal, on which, in a simplified manner, it is possible to record certain actions on the Internet through notaries. It is assumed that this will also facilitate the fight against Internet harassment.
Notaries will set on

This initiative was announced by the Deputy Head of the Ministry of Justice Denis Novak at the young lawyer’s school at the Institute of Legislation and Comparative Law under the Government of Russia. If the bill is adopted, it will be possible to carry out some notarial actions remotely - through a special electronic system of fixing the facts. Naturally, this does not affect, for example, real estate transactions.
According to "Rossiyskaya Gazeta", such a system will allow you to more effectively deal with slander and harassment on the Internet. According to the publication, in 2017, notaries 19,500 times helped citizens legally record information posted on the Internet. According to the Federal Notary Chamber,Every year the number of appeals to a notary for such a service grows by an average of 15-20%, since a notarized protocol for inspecting a web page has increased evidentiary power.
Notaries help fix many things that the court must then deal with. For example, the facts of trolling, when someone literally throws mud at a person on the net. So for any defamation, any insults on the network can be held accountable, adds the publication.
“The provision of evidence as a notarial act has existed for more than a dozen years. However, today, when the social activity of Russians in the Internet space is very high and constant, the presence of evidence of human rights violations on the Internet that are actually working in court is necessary in various situations” - commented on in the Federal Notary Chamber.
Currently, the scheme of action by the notary works as follows: the notary visits the page indicated by the applicant from his work computer and makes a detailed inspection of the site. Then he draws up a protocol in which he describes in detail his actions, necessarily indicating the date, time and place of the committed action, and also gives information about the applicant.Printed screenshots of pages are attached to the description of the examined web pages. In addition, additional materials in the form of audio and video files may be attached. The notarial act of providing evidence is performed without delay and without notifying any persons.
The problem of Internet trolling has become particularly relevant with the development of social networks. Often the victims of trolling, as well as cyber-bullying (harassment on the Internet) are children and adolescents, which often leads to very sad consequences.
At present, both law enforcement agencies and the largest network resources are actively fighting with various types of Internet trolling. In particular, Twitter's microblogging service in May of this year announced the introduction of new algorithms: posts of provocative content that cause a negative reaction from users will be automatically hidden. To filter such messages, technologies using artificial intelligence will be used, with which it will be possible to check users and recognize "trolls."
Lawyer Eduard Chertorinsky (Vladivostok) evaluates the initiative of the Ministry of Justice: "The idea of ​​creating a unified system for the legal recording of evidence causes a reasonable skepticism.<...> I do not think that this will happen in the foreseeable future and that such innovation will be able to create a sensation. Firstly, it is not clear what the decision in this area will be. <...> Secondly, the idea itself is more like not a technical-digital solution, but a means of communication with a notary. But what prevents me from picking up the phone now, calling the assistant or notary secretary and ordering the site inspection from him, sending the materials by e-mail, and when he is ready to sign the application and pick it up? By the way, I already had a similar experience. Third, a lot depends on the implementation. <...> Another important point: in arbitration courts it has long been not uncommon for the parties to request evidence by examining the site containing the information that was the subject of the proceedings. Often, the court refuses such procedural "requests" of the parties, but there are positive definitions that have replaced the notarial act. "
According to lawyer Yana Chebotarev (Kirov), the proposed portal will not bring tangible benefits: "There is no problem with evidence fixing in Russia. And now, and yesterday,Yes, and tomorrow, anyone can contact the notary and get a protocol of the site inspection, in which the notary will record the entire content of the disputed article, comment, etc. Currently, any notarial act requires the identification of the applicant, and I believe that this is correct. Even if you provide some kind of special platform for ordering such a service online, the possibility of receiving it will still be furnished with a whole bunch of formalities, the presence of EDS and other things that level all possible theoretical conveniences. "
Well, something like this.
The full version of the material with detailed comments of experts can be read here.
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