Russian courts weaponising foreign media to impose conditions on the truth

Russia’s judiciary is propping up Vladimir Putin’s propaganda machine, making loyalty to the president unconditional but its relationship with the truth conditional, a new legal study has found.

The courts claim unfriendly foreign states are wielding a type of cyberwarfare on Russia to discredit its army and president, with judges weaponizing foreign media and blaming them for making Russian nationals criticise Putin and the army.

University of Essex analysis of 446 Russian court decisions made under fake news laws between 2022 and 2023 found judges are underpinning officials’ attempts to monopolise public debate around the invasion of Ukraine by constructing a “mythologised” reality about the so-called “special military operation”.

The research further concludes that Russia’s judicial system has reverted back to the days of the USSR and now largely reflects the Marxist-Leninist principles of partyness, objectivity and scientificalness for guiding state media propaganda.

Dr Elena Sherstoboeva, who led the study published in the International Communication Gazette, said: “Instead of contributing to free speech and reliable information about the war, Russian courts justify the war and amplify Russian state disinformation and propaganda about it.

“They oblige all Russians to do the same in their public statements and watch Russian TV to stay on top of the myth's developments.

“Under conditional truth and unconditional loyalty, the judiciary is limited in protecting justice and is undermining the very democratic values it claims to uphold.”

The study blended doctrinal legal with discourse analysis to study, covering 36 criminal matters and 410 administrative cases brought before the courts under the fake news law.

Dr Sherstoboeva, of Essex Law School, found that in criminal cases, the courts assumed each defendant maliciously disseminated fake news to mislead others due to their political, ideological or national hatred of the Russian army and Putin.

The judiciary develops the meaning of hatred by characterising the army and its leaders as patriots protecting Russians against foreign Nazis.

Judges are using this concept of a cyberwar to explain why Russian people may support anti-war rhetoric.

This, according to the courts, means nationals abroad will naturally become alienated from the ‘truth’ by consuming foreign media information and be turned against Russia.

The lack of loyalty shown to the Russian state is used as justification for prison sentences and travel bans dished out to offenders, including journalists and bloggers.

However, those successfully prosecuted under fake news laws can be given a second chance to conform, with courts sometimes issuing probation terms to correct their knowledge and opinions.

Russia introduced its fake news laws between 2019 and 2023 in a bid to clamp down on “falsities” about issues of public interest.

Dr Sherstoboeva added: “Although modern Russia is by far not the only country applying fake news laws, Russian courts implementation of these laws reflects the themes and methods found in the Soviet system.

“The construction of a false realty, or a myth, through restrictive state is a historical pattern deeply enrooted in Soviet history and culture that is currently actualised by courts.

“Apart from producing devastating effects on Russian free speech and democracy, the courts are using these laws to assist the Russian government and increase public support for Putin and the war in Ukraine.”