Author: Hamna Fahad, a student of Faculty of Law Aligarh Muslim University
Abstract
In an unprecedented escalation, a Russian court has imposed a fine of two undecillion Rubles on Google, amounting to nearly $20 decillion in USD, for YouTube’s continued restrictions on Russian state-linked channels. Russia responded to the growing blockage of Russian media content by Western tech companies, especially since the Ukraine invasion, with heavy financial penalties and stepped-up regulatory pressures. It tries to analyse the legal, symbolic, and political dimensions of this verdict and the possibilities of its implications on those tech companies facing a similar legal landscape around the globe.
The Fine and Its Basis in Russian Law
The two-undecillion Ruble fine issued against Google is unique in scope, amounting to more than the world’s entire GDP, and stems from daily compounding penalties initiated under Russia’s Administrative Offenses Code, Article 13.41. This legislation penalizes foreign entities that restrict government-sanctioned content, with a particular emphasis on media deemed critical to state narratives. The daily fine began to accumulate in 2020, following YouTube’s ban on several pro-Kremlin and state-linked channels, including Tsargrad TV and RIA FAN, both of which work closely with Russia’s government views.
Legal Jargon and Specifics
• Administrative Offenses Code, Article 13.41: In this article, Russian authorities are granted the power to fine entities that do not meet the standards of content distribution. The law applies quite broadly when the government finds that access to media has been “improperly” restricted.
• Cumulative Penalties: The fine compounded daily and doubling weekly as a way of compelling the surrender of guidelines from Russia. The cumulative penalty was set in an alluring manner such that this growth was exponential, raising it to unprecedented levels.
A fine is more of a political and legal declaration rather than a form of expectation of payment.
The Proof and Growing Restrictions
The fine was met after several court decisions went in favour of Russian media companies. Pro-government networks like Channel One, Zvezda, and media aligned with RT Editor-in-Chief Margarita Simonyan were plaintiffs in the initial claims against Google. Since then, 17 Russian channels have filed legal actions. Google’s choice to restrict these channels aligns with its own platform guidelines but has collided with Russian demands for uncensored state content.
Moscow Times reported that Kremlin spokesperson Dmitry Peskov admitted that the fine carries a symbolic weight. According to him, he cannot even “pronounce the number,” but it was already a call for Google to change its policies toward Russian broadcasters.
Case Laws and International Precedents
This is part of an international trend where governments are challenging the practice of content moderation among tech companies. Examples include the following:
• India’s IT Rules 2021: India passed laws that make social media sites carry out de-listing orders provided for under the country’s national security concerns. As a result, companies including Facebook and Twitter were sued for non-compliance.
• Turkey’s social media Law (2020): Turkey enacted laws requiring content to be taken down within 48 hours of request with very hefty fines and bandwidth cuts in case of non-compliance.
• Germany’s Network Enforcement Act (NetzDG, 2017): Germany’s law entails fines on social media networks for not removing hate speech and illegal content within stiff timeframes. However, the fines are capped at €50 million, thus much lower than Russia, but indicative of state actions in online content.
Here are some of the cases which indicate the complexities that the global issues tech companies face in terms of control by governments over digital narratives within their jurisdictions. The present approach by Russia is however unique since the fine reached a compound level no other country has reached.
Analysis: Symbolism and Legal Intent
The astronomical fine on Google is a largely symbolic act. Russia wants to claim control over its digital space and resist what it views as the undue influence of Western platforms. Doubling the penalty structure reveals that intent: making the fine so outrageous that it speaks to the intent behind the action rather than expecting a payment.
Legal Perspective
• The practice of applying exponential fines is not specific to Russia; yet the scale, in this case, gives the feeling that there was an intertwining of legal formalism with political symbolism possibly for an attempt to obtain much-needed publicity for the complaints from Russia against the policies applied by Google.
• Freedom of Information vs. Government Control: Russia’s stance is the battle between free flow of information promoted by Western tech companies and the controlled media environment in Russia, where state narratives are paramount.
Conclusion
The fine of two undecillion Rubles that Russia imposed on Google underscores the broader debate about the role of tech companies in moderating content, especially during global political crises. It’s a symbolic fine rather than an economic demand that is possible; it is a declaration of Russia’s insistence on digital sovereignty. Although Google has not said a word about reviewing its policies, the penalty is a timely reminder that western tech giants are under tremendous pressure in jurisdictions where control over media narratives is considered rigid.
FAQs
- How much is the fine on Google?
Google was fined two undecillion Rubles. This is because compounded daily penalties were charged against the company for limiting access to Russian state-linked YouTube channels. The fine shot up drastically with the doubling every day when Google was in default.
- What is Article 13.41 of Russia’s Administrative Offenses Code?
Article 13.41 gives the Russian authorities the right to fine companies for blocking or restricting content acceptable to the state. It is the legal basis for the fines in this case against Google.
- Can Google afford to pay this fine?
The amount of the fine is bigger than the global GDP and more symbolic than practical. It is an amount that no company nor country could pay.
- Is this case like that of any other international ones?
Similar cases have cropped up in Turkey, India, and Germany where such governments have fined or restricted various tech companies. However, Russia has taken compounding penalties to an extreme sum.
- What would Google do if it failed to pay?
Since the scale of the fine is impossible to pay, Russia would likely take further measures: for instance, block access to YouTube in Russia. The physical presence of Google in Russia has already been curtailed because of such pressures.
- Is Google changing its policies?
Google response does not present a policy shift. Despite legal and financial challenges in Russia, the company maintains its stance on content moderation.
