The problem of mass distribution and use of drugs worries the governments and populations of many countries around the world. The UN Office on Drugs in its report reported in 2021 that the total number of people using drugs today is 4-5% of the population aged 16 to 64 years. Illicit trafficking in narcotic and psychotropic drugs is expanding every year in Russia, posing a threat to the security of society and the individual. Drug addiction claims thousands of lives every year, most often of young people. Drug addicts are not stopped by the threat of punishment, because there is no criminal liability for drug use.
One of the reasons for the increase in drug use is drug propaganda and advertising of prohibited substances.
Administrative responsibility
The concept of advertising is defined by Law 38-FZ “On Advertising”. This is information that is distributed in any form by any means, and is intended to attract attention and create interest in the advertised object. In accordance with Article 7 of this law, advertising of narcotic and psychotropic substances is not allowed.
The concept of propaganda has only a generally accepted meaning; there is no legal definition of such actions in the legislation. The prohibition of propaganda of narcotic and psychotropic drugs is stated in Art. 46 of Law No. 3-FZ “On Narcotic Drugs and Psychotropic Substances”. This is the placement of various information about the methods of use and production of narcotic substances, about new psychoactive drugs, and methods for growing narcotic plants. This information can be disseminated, first of all, using the Internet, but also through the media or books. Moreover, it is unacceptable for both legal entities and individuals to conduct such activities.
Effective ways of advertising drugs are posting leaflets and painting advertising messages on the walls of houses. Having seen an advertisement with the contact details indicated in it, you should contact the police or leave information on the website of the Ministry of Internal Affairs. In the article https://lexconsult.online/6344-opisanie-sposobov-kak-mozhno-soobshhit-o-prodazhe-narkotikov-ih-hranenii-upotreblenii you will find more detailed information on where and how you can report the sale of drugs.
Responsibility for advertising and propaganda of drugs is determined by Article 6.13 of the Administrative Code. Moreover, the punishment is differentiated for Russian citizens and foreigners.
- For an individual, the punishment for such activity will be an administrative fine of 4 to 5 thousand rubles, as well as confiscation of advertising materials and equipment with which they were produced.
- Officials of the organization are punished with a fine in the amount of 40 to 50 thousand rubles.
- An individual entrepreneur may be fined the same amount and confiscate equipment and advertising materials. Or they will suspend its activities for a period of no more than 90 days and confiscate the products and equipment.
- More severe sanctions apply to legal entities. The fine for such an offense will be from 800,000 to 1,000,000 rubles, also with confiscation, or suspension of activities for up to 90 days with confiscation.
- A foreign citizen for promoting drugs pays a fine of 4 to 5 thousand rubles and is expelled from the country. Another type of administrative punishment is arrest for up to 15 days followed by deportation from the country.
In addition,
the Law “On the Media”, No. 2124-1 of December 27, 1991, in Article 4 on “the inadmissibility of abuse of freedom of the media” states that it is prohibited to post information about methods of production and use in the media and information and telecommunication networks. narcotic or psychotropic drugs (and their analogues), as well as where they are purchased. If an illegal action is proven in court, the activities of a particular media outlet may be terminated.
From the established judicial practice, we can conclude that even advertising of goods with plants depicted on it can be recognized as advertising of narcotic plants. So in 2021, an individual entrepreneur was brought to justice in Perm. The department of the shopping center he owned sold products with images of cannabis leaves. The entrepreneur was fined 40,000 rubles, and the products were confiscated. When reviewing the case on appeal, the higher court left the decision of the district court unchanged, determining the punishment in accordance with Part 1 of Art. 6.13 Code of Administrative Offences. (Resolution of the Perm Regional Court dated May 23, 2017 in case No. 44a-629-2017)
Another way to limit advertising and propaganda of drugs can be considered to be blocking and prohibiting the activities of Internet resources on which such information is posted. The blocking is carried out on the basis of Art. 15.1 of Law No. 149-FZ “On Information”. After all, it is the Internet user, regardless of age, who can freely receive step-by-step instructions on growing marijuana at home or making narcotic drugs at home, even from completely harmless medications that are freely sold in pharmacies.
The next video will tell you how drug traffickers advertise their products using mobile communications and the Internet.
What happens if the law is passed?
The transformation of current administrative practice into criminal practice will worsen the situation. Even if applied rarely and selectively, the law would effectively prohibit any independent discussion and research on psychoactive substances and their social and cultural role. It will also make any discussion about drug policy virtually impossible.
The only way to speak about psychoactive substances that will not potentially land you in prison will be hate speech of varying degrees of vigor. This will not even require mass repression: as soon as the new law begins to be applied, the machine of censorship and self-censorship will work to its fullest. People will be afraid not only to have a rational public discussion about psychoactive substances, but also to consistently think through any ideas on this topic (after all, no thought is possible without communication, including public communication).
Thus, this entire sphere of knowledge will be given over to the power of myth - be it the state “black legend”, the dominance of which is sought by supporters of this initiative, or drug-positive myths of underground subcultures, which, in conditions of total censorship and propaganda of hatred, will seem much more reliable to any critical thinker to people.
Still from the movie "Trainspotting"
The forbidden fruit is sweet - and it is difficult to imagine what would contribute more to doubts in the official position than the forcible cessation of discussion on a particular topic.
Criminal liability
Unfortunately, today the Criminal Code of the Russian Federation does not establish criminal liability for drug advertising and propaganda. Art. 228 of the Criminal Code provides for punishment for the purchase or sale, storage, transportation and manufacture of narcotic and psychotropic substances (read here about the punishment for drug possession). The bill to amend the Criminal Code was considered by the State Duma for several years; in 2015, it was adopted by the State Duma in the first reading, and the issue was closed. Apparently, legislators consider propaganda and advertising to be minor offenses for which administrative punishment is sufficient.
It can be concluded that the current Russian legislation is not effective enough in terms of preventing and suppressing drug propaganda. The maximum fine for an individual for such an offense is only 5,000 rubles, while in Germany and France advertising of dangerous drugs is punishable by up to 5 years in prison or a large fine.
Do you have questions about liability for promoting drugs? Ask them in the comments to the article
Propaganda of drugs on social networks
In recent years, the Internet has become the first way to obtain any information. You can access the site of interest not only from a computer, but also from a mobile device. Almost all young people communicate using gadgets on social networks. Their creators also pursue material gain, so they provide space on any page of their site for advertisers.
Propaganda is often hidden. For example, on the social network VKontakte, users for a long time came across advertisements for a store offering to purchase “fun buns.” The name of the drug was not indicated, but from the context it was clear that they were talking about drugs derived from hemp. It was not possible to officially block the video, so law enforcement agencies had to look for the store owners. It is possible that in the mind of some user, viewing an advertisement did not arouse the desire to try an entertaining product.
To attract more people to drug use, propagandists began to create groups in the virtual world (“Alcohol and Drugs”, “Sex, Drugs and Rock and Roll”), in which they talk about the pleasant sensations after taking psychotropic substances. They present information in films, photos, images and songs.
The creators of such groups do not consider themselves drug addicts. They position their segment of society as people who have experienced a joy inaccessible to others. Participants promise to help newcomers get rid of any mental problem, give advice on where to buy and how to try drugs. After attracting a person, they offer to advocate for the legalization of such substances, thus replenishing the ranks of propagandists.
Such groups are connected with each other, and advertising becomes widespread, filling all cyberspace. Promoters even offer a small sum to participants for attracting new users. Articles about the amazing effects of taking marijuana, hashish and other substances are written in scientific language and it seems that the group was created by an intelligent and understanding person, and not an ordinary teenager.
Important: one of the methods of attracting users is to conduct a survey on the topic “First experience of drug use.” Typically, a larger percentage of the responses will be “Like.”
The youth segment of the population is often represented by people with unformed opinions of their own, who are easily influenced by others. If the idea of solving all problems with the help of drugs is planted in the thoughts of such a child, then he will definitely decide to try them.
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Options for advertising prohibited substances
The most popular methods of propaganda include:
- graffiti. Images of drugs and inscriptions about the pleasure they give are placed in places with high traffic and gatherings of young people. Advertisements for the sale of psychotropic substances may appear in the form of inscriptions with incomprehensible words (ampha, brand, mix) and a telephone number on the asphalt and street poles;
- film industry. Films are often released in which the characters use marijuana, getting an indescribable high from it. This creates a stereotype that recreational drugs only bring joy;
- songs. Representatives of such musical styles as rap, hip-hop and reggae glorify a fun life with drugs in their works. This applies to performers in foreign countries where drug use is fully or partially legalized. Even if such songs are banned in Russia, they can easily be downloaded on the Internet;
- MASS MEDIA. This is the most powerful weapon of propagandists. Any printed publication will not refuse to publish an article about the revelation of a drug addict, in which he will describe all the delights of using illegal substances;
- cloth. Manufacturers produce youth T-shirts, jackets, underwear and other products worn by a person with the image of a hemp leaf. Such clothes are considered stylish and fashionable.
