What obscene words should the media be punished for? Obscene language - disadvantages and regulation

05/11/2013

Roskomnadzor has developed vigorous activity to search for and prohibit obscene language in the media. But many still do not understand which words are considered taboo and which are not. Because of this, there are already excesses on the ground: suspicious phrases are cut out from old films and cult TV series.

A oh yes Pushkin, oh

Recently, Channel Five showed the Soviet film “The Golden Mine” (1977). In the final scene, the hero played by Dahl utters only one word. Expletive, but not obscene. That's what the plot required. Then the credits begin immediately. When shown on TV a couple of weeks ago, this bad word was cut out of the film, and the plot turned out to be different:

Oleg Dal didn’t say anything goodbye...
The series “Gangster Petersburg” also suffered.
- From there they cut out not just a word, but an entire scene! - the director of the film, Vladimir Bortko, shared his indignation with “City 812”.

Despite the absurdity of the situation, the TV people can be understood. It’s not because they have a good life that they engage in such self-censorship. These are amendments to the law on the media, adopted in April of this year, to search for bad words in the press and on air, and for the media to commit such ridiculous acts.

The amendments expanded the list of prohibitions for publication (broadcast) in the media, including obscene language. And since then, Roskomnadzor excitedly began searching for obscenities on the air, the Internet, magazines and newspapers. Reports of detected violations are published on the department’s website weekly. So, for example, from 10/16/2013 to 10/22/2013 “as a result of monitoring funds mass media for compliance with the requirements of Art. 4 of the Law of the Russian Federation “On the Mass Media” regarding the prevention of obscene language in the media, two materials were identified, one video material on the forum, 34 comments containing obscene language. At the request of Roskomnadzor, illegal materials were removed. 16 appeals were also sent to the editors of online publications demanding that they remove or edit comments with other signs of abuse of freedom of the media. Comments have been deleted,” says the department’s website.

Roskomnadzor notes that the majority of violations are detected in online publications in sections that publish reader comments.

In its report for the first half of 2013, Roskomnadzor reported that it issued 6 warnings to the media about the suspension of the license, 30 orders to eliminate identified violations, drew up 1,540 reports of administrative violations in the media and issued administrative fines to the media in the amount of 1,687,450 rubles.

E, B, X, P

Despite the fact that the new law has been in effect for six months, many still do not understand what words it prohibits. Roskomnadzor admits that there is no single list of such words. But there is an opinion of Roskomnadzor, which should now be followed. This opinion is published on its official website in the form of recommendations for use Federal Law dated 04/05/2013 No. 34-FZ “On Amendments to Article 4 of the Law Russian Federation“On the Mass Media” and Article 13.21 of the Code of the Russian Federation on Administrative Offenses.”

The document bashfully and with omissions explains what is considered obscenity.
“There is an opinion among experts that obscene words and expressions include four well-known words (x.., p.., e..., b...), as well as words and expressions derived from them,” officials write. What the bad words on x, n, e, b, everyone, apparently, must guess to the extent of their depravity. But the prohibitions are not limited to these four letters. Here's what the document says next:

“At the same time, obscene and crudely colloquial words and expressions containing them do not include obscene words and expressions. At the same time, the use of such words and expressions in the media is also unacceptable in accordance with the requirements of the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development” and the Federal Law “On state language RF"

In other words, something that is not obscene, but sounds indecent, cannot be used in print or on air either. And if with four swear words everything is more or less obvious, then with “indecent words” it is not clear at all. In addition, it follows from the document that it is impossible to “beep” on air, and in print to put a letter and periods instead of obscene words. Because this only masks the swearing, and everyone still understands what word was meant. Which is equivalent to using obscenities.

For some works of art quoted in the media, concessions have been made, but even there, bad words cannot be quoted in their pure form. They can be disguised.
“In some cases, masking obscene language can be considered as a way of complying with the requirements of the Federal Law, but only in cases where classics are posted or quoted in the media literary works and film documentary works (or other works in which the use of such vocabulary is an integral part of the artistic concept),” the document says.

Officials may have meant well, but the recommendations that were supposed to clarify everything made everything even more confusing. Because many new questions immediately arise. Is it now possible to use the word “pancake” if it does not mean baking in a frying pan, but expresses emotions by replacing another word? Was the dog-breeding term that vigilant television crews cut out of “The Golden Mine” subject to a ban?

“City 812” turned to Roskomnadzor with a request to clarify their own unclear recommendations. But the department’s press service was unable to do this. They asked me to send a request.
- Everything is for a reason with us, and Roskomnadzor will not immediately answer such questions. You understand, we perform these functions because the law was adopted. This is not our whim. Look, ask the deputies - let them answer what they had in mind when such a law was adopted... But we can answer specific questions only by requesting an examination and so on,” the press service explained with a sigh.

By the way, the law allows swearing in other languages. Roskomnadzor specifically noted that “the identification of foreign swear words and expressions is not a basis for holding the editorial board of a mass media accountable.”

Where to find mat

What to use to establish the spread of obscene language in the media - recommendations of Roskomnadzor

Big Dictionary Russian language. Ch. ed. S.A. Kuznetsov. First edition: St. Petersburg: Norint, 1998.

Dictionary of Russian swearing (matisms, obscenisms, euphemisms). Ed. Mokienko V. M., Nikitina T. G. St. Petersburg, “Norint”, 2004.

Large dictionary of Russian jargon. Ed. Mokienko V. M., Nikitina T. G. St. Petersburg: “Norint”, 2000.
The most complete Dictionary of profanity and phraseological units: 20,000 words. Ed. Kveselevich D.I.M.: Astrel: AST, 2011.

Yana Korzinina, lawyer

I agree with the law, and it’s unpleasant for me to hear swearing from the screen. But at the moment, not a single lawyer can say with an absolute guarantee what exactly is unacceptable to say on air, whether an expression or word will not fall under the form designated in the law as indecent. Now we are developing our legal practice. You can tell where is black and where is white only by four words and expressions that Roskomnadzor has defined as obscene. As for indecent words, there are only value judgments, and everyone can interpret these words in their own way. That is why controversial expressions and words are submitted for expert assessment.

It’s not very clear what to do with a film that shows characters in the zone. How to broadcast it on TV? It is unlikely that his heroes will say: “Would you deign, sir, to move to another bed?” Accordingly, different vocabulary will be used there; there may be rude phrases and expressions that can be defined as indecent.

Soviet films have always undergone strict censorship regarding artistic value and admissibility. And if in the USSR the film “The Golden Mine” was released with a memorable word in the final scene, spoken by the main character played by Oleg Dahl, then why was this word cut out today? As a lawyer, it is not clear to me how such notes from the film are consistent with the copyright of the director and screenwriter of the film. Any changes to the film, any reworking, must be agreed with those who have copyright, for example, with the director. And this is also a problem .

obscene language or obscene language- part of the vocabulary of the Russian language containing obscene, rude, vulgar expressions. This part of the vocabulary is widely used in the speech of representatives of the so-called social bottom - people prone to antisocial behavior.

For normal person The use of obscene language is most often a spontaneous speech reaction to a stressful situation.

One of the types of obscene language in Russia is Russian obscenity. These are expressions condemned by the public, which mainly insult the interlocutor and belittle his dignity.

• words denoting genitals or sexual intercourse;
• these same words, modified and addressed to a person;
• words from ordinary speech, coarsened in a special way.

Is it possible to swear in public places?

The answer to this question is obvious - of course not!

Firstly, from a moral point of view, the use of obscene language in speech is unlikely to characterize an individual in a positive way.

Secondly, for this act responsibility is provided.

The Code of Administrative Offenses classifies obscene language (swearing) as petty hooliganism.

Article 20.1. Code of Administrative Offenses of the Russian Federation provides for a fine for obscene language in a public place, and in some cases even arrest.

Article 20.1. Code of Administrative Offenses of the Russian Federation. Petty hooliganism

1. Petty hooliganism, that is, a violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens, as well as destruction or damage to someone else’s property -
   shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for a term of up to fifteen days.
2. The same actions associated with disobedience to the lawful demand of a government representative or other person performing duties to protect public order or suppressing violations of public order -
   shall entail the imposition of an administrative fine in the amount of one thousand to two thousand five hundred rubles or administrative arrest for a term of up to fifteen days.

What is the punishment and responsibility?

The use of abusive language in public places is punishable by a fine. community service and even in some cases imprisonment.

Fine

1. As a punishment for swearing in a public place, a violator of the order is given a fine from 500 to 1000 rubles or arrest up to 15 days.
2. If these actions are aggravated by disrespect for the police or other government officials, the fine increases to from 1000 to 2500 rubles.
3. If obscene language (swearing) is addressed to a specific person, it is classified as an insult.

   There is a fine for this act up to 40 thousand rubles, correctional work or arrest up to a year.

4. For insulting personal dignity, uttered in public speaking, the violator faces a fine up to 80 thousand rubles, correctional labor or restriction of freedom for up to two years.

This information is useful for everyone to know. And for those who like to say a strong word and for those who suffer from it. The former will probably think about responsibility for their words, the latter will know how to bring violators to justice.

Useful video

About administrative liability for obscene language in the media, see the video below.

Some loudly and publicly, others quietly, in a whisper, almost to themselves. The attitude towards swearing is very ambiguous and depends most often on the environment in which he lives, rather than on social status and age.

The widespread belief that teenagers swear many times more than mature people fails Russian roads, in auto repair shops and undignified drinking establishments. Here people do not restrain impulses that come from the heart, splashing out a wave of their negativity on their interlocutor and those around them. In most cases, the use of a mat is associated with a disadvantage vocabulary or with the fact that a person is not able to express his words and thoughts in a more cultural form.

From the point of view of esotericism and religion, a scolding person decomposes himself from the inside and has a bad influence on the surrounding space, releasing negative energy. It is believed that these people get sick more often than those who keep their tongues clean.

Obscene language can be heard in completely different layers. Often in the media you can find reports about yet another scandal involving famous politicians or movie and show business stars who publicly used profanity. The paradox is that even those who use swear words to connect words in a sentence condemn this behavior of celebrities and consider it unacceptable.

The attitude of the law towards the use of profanity

The Code of Administrative Offenses clearly regulates the use of swear words and expressions in a public place. A violator of peace and order must pay a fine, and in some cases, a foul speaker may be subject to administrative arrest. However, in Russia and most CIS countries, this law is observed only when swear words were used by a law enforcement officer.

People use foul language regardless of profession, income and level of education. However, for many, the presence of elderly people, young children and work that requires polite communication with people is a deterrent.

Resourceful people a couple of decades ago found a way out of the situation: along with swearing in oral speech his surrogate appeared. The words “damn”, “star”, “to get out” do not seem to be obscenities in the literal sense of the word and cannot fall under the corresponding article by definition, but they carry the same meaning and the same negative as their predecessors, and such words are constantly being replenished.

On forums and in news discussions, the use of strong words is usually prohibited, but surrogates successfully bypassed this barrier. Thanks to the emergence of an obscene surrogate, parents no longer hesitate to use it in the presence of children, harming the cultural development of their child, introducing the immature to the use of swear words.

Taboo vocabulary includes certain layers of vocabulary that are prohibited due to religious, mystical, political, moral and other reasons. What are the prerequisites for its occurrence?

Types of taboo vocabulary

Among the subtypes of taboo vocabulary, one can consider sacred taboos (on pronouncing the name of the creator in Judaism). The anathema to pronouncing the name of the intended game during a hunt belongs to a mystical taboo layer. It is for this reason that the bear is called “master” in baiting, and the word “bear” itself is derived from the phrase “in charge of honey.”

Obscene vocabulary

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One of the most significant types of taboo vocabulary is obscene or obscene vocabulary, in common parlance – obscene language. From the history of the emergence of Russian obscene vocabulary, three main versions can be distinguished. Proponents of the first hypothesis claim that Russian swearing arose as a heritage Tatar-Mongol yoke. Which in itself is controversial, given that most obscene roots go back to Proto-Slavic origins. According to the second version, swear lexemes once had several lexical meanings, one of which over time supplanted all the others and became attached to the word. The third theory states that swear words were once a significant component of occult rituals of the pre-Christian period.

Let's consider lexical metamorphoses using the example of the most iconic formulations. It is known that in ancient times, “poherit” meant “to cross out a cross.” Accordingly, the cross was called “dick”. The expression “fuck you all” was introduced into use by ardent supporters of paganism. Thus, they wished Christians to die on the cross by analogy with their own god. Is it worth adding that current users of the language use given word in a completely different context.

Swearing also played an important role in rites and rituals of pagan origin, usually associated with fertility. In addition, it should be noted that most conspiracies for death, illness, love spells, etc. abound in obscene lexemes.

It is known that many lexical units, now considered obscene, were not such until the 18th century. These were completely ordinary words that denoted parts (or features of the physiological structure) of the human body and more. Thus, the Proto-Slavic “jebti” originally meant “to hit, strike”, “huj” - “a needle of a coniferous tree, something sharp and prickly.” The word “pisda” was used to mean “urinary organ.” Let us remember that the verb “whore” once meant “to talk idle talk, to lie.” “Fornication” is “deviation from the established path”, as well as “illegal cohabitation”. Later both verbs merged into one.

It is believed that before the invasion of Napoleonic troops in 1812, swear words were not particularly in demand in society. However, as it turned out in the process, hazing was much more effective in the trenches. Since then, swearing has confidently taken root as the main form of communication among the troops. Over time, the officer stratum of society popularized obscene language to such an extent that it became

Obscene language or in other words, obscene language is a segment of well-known abusive language in different languages and includes the most vulgar, crude and obscene language. Insulting with obscene language under Article 20.1 does not have too serious consequences, but repeated violations can lead to real imprisonment! It also includes socially obscene swear words, which often express ordinary spontaneous speech. emotional reaction to an unexpected and usually very unpleasant situation and which fall under. You need to know that the article for petty hooliganism differs from the motives of the document, which describes the consequences of hooliganism in a group!

Using obscene language in a public place falls well under the concept of a classic criminal offense; this kind of language has several negative consequences:

• insult a specific person for his personal and religious reasons;
• set an example of socially reprehensible behavior for minors;
• demonstrate disregard for the norms of law and morality accepted in the state

Important!

The article for swearing in a public place according to the Criminal Code of the Russian Federation is divided into through a fine or actual arrest, but for minors the consequences for swear words uttered in front of witnesses will have slightly different consequences due to their age, and the article for swearing may well cool down the most zealous offenders.

Punishment for swearing in a public place

Legal and criminal liability for the repeated use of typical obscene expressions is established under Article 2.3 of the Code of Administrative Offenses and will occur in the event of their uncontrolled implementation in society and being offensive in nature specifically against someone personally, or after expressing one’s dissatisfaction in general. Public utterance of any obscene language will be equated to petty hooliganism, the implementation of liability for which is provided for in Article 20.1 of the Code on the Commission of Administrative Offenses by Citizens of the Russian Federation.

A sign of publicity means in this article the utterance of obscene language in the direct presence of people, in some public place, for example on the street, therefore it is in such a situation that an ordinary violator will demonstrate to a much greater extent his obvious disrespect for public order. The main point in qualifying an offense as petty hooliganism will be the presence of intent by the given citizen to violate public order and express clear disrespect for public order. Part 1 art. 20.1 of the Code of Administrative Offenses of the Russian Federation will give us the following definition of petty hooliganism:

• committing a violation of public order, expressing clear disrespect for society, which is accompanied by obscene language in public places;
• offensive verbal harassment of citizens or destruction, as well as damage to someone else’s property, and will entail the imposition of a fine in the amount of 500 to 1,000 rubles or the imposition of administrative arrest for a period of up to 15 days;
• Carrying out actions involving active disobedience to the lawful demand of a law enforcement officer or other person who performs duties to protect public order or suppress a violation of public order will entail a fine of 1,000 to a maximum of 2,500 rubles or administrative arrest for up to 15 days
• the use of obscene language is regarded as an insult to a person and humiliation, which is expressed in an indecent form, if there is no doubt about who it was intended for.

Important!

Obscene language under the Code of Administrative Offenses is not only generally recognized obscene words and expressions, but also their modified forms, or their other analogues with the same meaning. If the use of such words is carried out while drunk, then the consequences for using such vocabulary only become more severe! Obscene language in a public place is interpreted under a different article for minors, and its target will be citizens aged 14 to 16 years.

A comment

Actions to commit petty hooliganism are not exhausted by the wording of the disposition - the use of obscene language and offensive harassment of citizens.

Petty hooliganism occurs in any area of ​​our public life: at home or at work; in any public place where other people are - in an apartment or on the street, in government agency, at an industrial enterprise or in any type of transport.

Petty hooliganism occurs when a person makes obscene or obscene inscriptions in the absence of citizens and demonstratively violates the peace of citizens at night with their illegal actions. The subject of petty hooliganism is a person who, at the time of committing the offense, reached the age of sixteen and was aware of the consequences of unlawful actions.

Petty hooliganism is often characterized by direct intent. The offender is aware of the illegality of the action, clearly foresees the result of its commission, and desires the same. It happens that the offender does not want such an outcome, but consciously allows it. This is petty hooliganism committed with indirect intent. In public places, or surrounded by strangers, the offender will be able to see in their behavior an important reason for committing criminal acts or to provoke them.

Lawyers note the disproportion of such a reason to the actions performed by the citizen. The motive is the complete satisfaction of the individual need for self-affirmation by reducing and ignoring the honor of other people. The theory of administrative law says that the mandatory signs that clearly characterize an offense include the sign of public danger. The presence of such a sign can mean that an unlawful act will cause or create a precondition for future harm to social relations.

Petty hooliganism is different from hooliganism punishable under Part 1 of Article 213 of the Criminal Code, which fully states that basically the crime is formed due to a gross violation of public order, which expresses clear disrespect for society, which is accompanied by violence towards citizens or the threat of its use, or destruction or serious damage to someone else's property.

Penalties for obscene language

Punishment is provided for teenagers who used obscene language in a public place. The article for obscene language stipulates that if a citizen is between 14 and 16 years old, then guardians or parents will be responsible for him. Upon reaching 16 years of age, you will have to answer for your actions yourself! As a punishment, a fine or warning of up to 5,000 rubles is issued.

If the violation involves the use of weapons, then the liability is increased and becomes subject to criminal liability! Such a decision can only be made by a special administrative commission. She has the right to impose a fine in case of relapse or oblige her to perform socially significant works to restore the damage committed. Therefore, if a teenager is interested in whether there is an article for obscene language, then we can say that they will have to answer for this before the law!

At the end of June, the State Duma supported a bill providing for increased penalties for using swear words in the family and in public places. There have been attempts to tighten liability for obscene language more than once - both under tsarism and after the revolution. About how unprintable words penetrated into social life here and in the West, Lidia Malygina, associate professor of the Department of Stylistics of the Russian Language, Faculty of Journalism, Moscow State University, scientific director of the system, spoke about the history and meaning of the obscenity “KP” distance learning

– If there were no problem, there would be no law. The question arises: who originally taught Russian people to swear?

– One of the common versions is the Tatar-Mongols. But in fact, this vocabulary has nothing to do with them. Russian obscenities Slavic origin. Four roots known to every Russian person can be found in Macedonian, Slovenian, and other Slavic languages.

Most likely, swearing was an element of pagan cults associated with fertility, for example, with the spell of cattle or the call of rain. The literature describes in detail this custom: a Serbian peasant throws an ax into the air and utters obscene words, trying to make it rain.

– Why did such words become taboo?

– When Christianity came to Rus', the church began an active fight against pagan cults, including swear words as one of the manifestations of the cult. Hence the strong taboo nature of these forms. This is what distinguishes Russian obscenities from obscenities in other languages. Of course, since then the Russian language has actively developed and changed, and with it Russian swearing. New swear words have appeared, but they are based on the same four standard roots. Some previously harmless words have become obscene. For example, the word "dick". “Her” is a letter of the pre-revolutionary alphabet, and the verb “poherit” was used to mean “cross out.” Now this word is not yet included in the category of swear words, but it is already actively approaching this.

– There is a myth about the uniqueness of Russian obscene language. Is it so?

– It’s interesting to compare with English language. Obscene words have always puzzled British philologists with their nature. As early as 1938, the linguist Chase emphasized: “If someone mentions sexual intercourse, it does not shock anyone. But if someone says an ancient Anglo-Saxon four-letter word, most people will freeze in horror.”

The premiere of Bernard Shaw's play Pygmalion in 1914 was highly anticipated. A rumor was started that, according to the author's plan, the actress playing the main female role should utter an obscene word from the stage. Answering Freddie's question whether she was going to walk home, Eliza Dolittle had to very emotionally say: “Not bloody likely!” The intrigue remained until the last moment. During the premiere, the actress still uttered an obscene word. The effect was indescribable: noise, laughter, whistling, stomping. Bernard Shaw even decided to leave the hall, deciding that the play was doomed. Now the British are complaining that they have actually lost this favorite curse word, which has already lost its former power, because the word has begun to be used too often.

Lidia MALYGINA - Associate Professor of the Department of Stylistics of the Russian Language, Faculty of Journalism, Moscow State University Photo: "KP" Archive

– Probably, after the sexual revolution of the 1960s, the situation changed a lot, and obscene words literally poured onto the pages of the press?

- Certainly. Remember Great Britain late XIX– beginning of the twentieth century. Back then, even the legs of the piano were covered in covers so that they would not evoke random erotic associations! In the second half of the twentieth century, contraception developed rapidly and the pornography industry grew. Marriage for life and fidelity between spouses began to look like old-fashioned prejudices. Yes, and heterosexuality in marriage has ceased to exist prerequisite. It is noteworthy that at this time the attitude towards obscene words also changed. Two linguistic collections dedicated to obscene language appear. The first was published in the USA in 1980. The second was published in the United Kingdom and the USA in 1990. These reference books already contain several articles about vulgarisms. Examples of the use of obscene language were given in plain text.

– And yet they were punished for swearing. There is a well-known case when, at the height of anti-war protests in the United States in 1968, a young man who did not want to serve under conscription was prosecuted for wearing a jacket with the inscription: “F... the draft!”

- Yes. Another well-known case is the 12-minute radio program “Obscene Words.” Satirist George Carlin listed seven words that should not be said on the radio, and then began to discuss the problem. One of the listeners was driving in a car with a child and accidentally heard the program. He immediately called the show's editor and complained.

Another famous scandal was caused by newspapers in the late 1970s. published an obscene statement that a player uttered to a referee during a sporting competition: “f... cheating cunt.” Yes and in works of art Without any disguise, the rudest words began to appear. In the guide to St. Petersburg, Western authors do not hesitate to explain Russian vulgarisms, for example, b... (whore) – which is usually rendered as simply b... (short version of the word - Ed.) – and plays an equivalent role to 'f ...' in English for those who use it as a verbal stutter.

– Russian journalists also like to use obscene words and expressions, slightly disguising them so as not to formally violate the law banning swearing in the media...

– Yes, softer expressions, instead of rude ones, often cover up in the text easily recognizable obscene expressions, swear words and curses: “Dick Advocate: UEFA for himself!”; “Hugh Hefner and Dasha Astafieva: Hugh knows her...”; “And he stole 2 billion worth of deposits... But he himself ended up in complete “khopra””; or “Russia in CHOP” - the title of a special report about private security companies or the title of a film about weight loss “I’m losing weight, dear editors!”

– Are there other languages, besides Russian, in which obscene vocabulary is divided into ordinary swear words and strictly taboo words, the use of which is prohibited in any situation and in any context?

– In this sense, the Russian language is unique. Although, for example, obscene language Spanish is also associated with the sexual sphere, unlike German (in German this is the sphere of excrement). But in the Spanish language there is no such taboo, therefore the first academic dictionaries of the Spanish language contained similar vocabulary, but the dictionaries of the Russian language did not. In general, the first dictionary fixation of obscenities dates back to the beginning of the 20th century. We are talking about the third edition of Dahl's dictionary, edited by Baudouin de Courtenay. But such activities of dictionary compilers quickly ended, since the Soviet government banned the use of obscenities, and the third edition of Dahl’s dictionary was sharply criticized.