production of information
Features of Legal Regulation of the Constitutional Right of Everyone to Produce Information on the Internet |
Introduction. Modern society is undergoing yet another information revolution related to the formation and development of the global information and telecommunication network – “Internet”. In this connection, there is the question of understanding the features of the right to produce information in the Internet space. Theoretical analysis. The author considers the production of information in the 19th century, in the Soviet period and the present. Development of the Internet has greatly simplified the creation and transmissions of information, and, in this connection, the constitutional subjective right to produce information becomes available to everyone. Empirical analysis. The study of legal restrictions on the right to produce information highlights the features that are important for the legal regulation of relevant public relations. Results. The author notes that the relations connected with the right to produce information in the “Internet” network have a number of features, and highlights the following ones: 1) changing methods and accelerating the production of information, the prevalence of a single process of “production-distribution” of information; 2) blurring the boundaries between the private and public information space; 3) heterogeneity of entities engaged in the production of information. The author concludes that the analysis of modern Russian legislation has revealed trends such as the use of indirect restrictions on the right to produce information, as well as the lack of differentiation of legal regulation of the activities of entities engaged in the production and distribution of information in the Internet. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 1 |
The Constitutional Right of Everyone to Freely Produce Information in the System of Personal Information Rights |
Introduction. The article deals with determining the place of the constitutional right of everyone to freely produce information in the system of personal information rights. Theoretical analysis. The author considers different approaches of scientists to the definition of “human rights in the information sphere”, “information rights”, “right of information”. The author considers correlation of the constitutional right to freely produce information with personal information rights enshrined in part 4 of Art. 29 of the Constitution of the Russian Federation. Results. The author notes that constitutional scientists and experts in information law consider personal information rights as a part of the freedom of speech and press; others consider these rights as a symbol of a whole group of personal rights and freedoms; still others claim that personal information rights fall into the category of public, political rights; at the same time, some scientists believe that these rights belong to the group of personal rights. The author supposes that the rights to seek, receive, transmit and disseminate information are secondary to the right to produce information. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2019, vol. 19, iss. 4 |
The Constitutional Right of Everyone to Freely Produce Information: Concept and Essence |
Introduction. The article deals with a complex analysis of the constitutional legal regulation of the right of everyone to produce information. Theoretical analysis. The author considers various approaches of scientists to the content of the right to information. The right to produce information is generally considered as one of the warrants of the right to information. There is no concept of the production of information in Russian legislation, but at the same time, synonymous terms are used. They reflect the essence of the production of information, such as: “making”, “creation”, “editing”, “processing”, “formation”, “preparation” of information. The author considers constituents of the constitutional formulation that reads «everyone has the right to produce information». Results. The author notes that the right to produce information can be regarded as a subjective constitutional right to create an information product, regardless of its presentation in the process of creative, production and other socially useful activity of a person and citizen, as the right to make, process, prepare and edit information products with the aim of replicating such information. The author proposes to consider the right to produce information as an independent subjective right and formulates her own notion of the constitutional right to produce information. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2019, vol. 19, iss. 1 |