CRIMINAL LEGAL ASSESSMENT OF THE DISSEMINATION OF INFORMATION THROUGH FACEBOOK, YOUTUBE AND OTHER DIGITAL PLATFORMS

Abstract

The article conducts a comprehensive study of the criminal-legal aspects of the dissemination of information through social networks, video hosting and other digital platforms in the context of the modern development of the information society. The features of the criminal-legal assessment of the dissemination of posts, reposts, comments, video materials and other user content through Facebook, YouTube and other digital resources are analyzed. Particular attention is paid to the problem of determining the legal status of social networks and video hosting in the context of the sign of “use of mass media” in the criminal law of Ukraine.

The provisions of the Law of Ukraine “On Information”, the Law of Ukraine “On Media”, the Criminal Code of Ukraine and other regulatory legal acts that regulate the dissemination of information in the digital environment are studied. It is established that the sign of publicity, which is determined by the possibility of bringing information to an unlimited circle of persons, is of key importance for the criminal-legal qualification of the relevant acts. It is substantiated that the mode of access to content in social networks and digital platforms directly affects the presence or absence of the sign of public dissemination of information.

The paper analyzes modern scientific approaches to understanding the concepts of "media", "online media", "social network", "digital platform" and "Internet resource". It is determined that after the entry into force of the Law of Ukraine "On Media", there was a need to rethink traditional approaches to the criminal legal assessment of the use of digital platforms in the process of disseminating socially dangerous information.

Special attention is paid to the analysis of law enforcement problems and contradictory judicial practice in cases related to the dissemination of information through digital platforms. The need to improve the criminal legislation of Ukraine and develop a unified approach to the criminal legal assessment of the dissemination of information in the digital environment is substantiated, taking into account modern trends in the development of information technologies and the needs of ensuring the national security of Ukraine.