Modern approaches to information security guarantee: public morality protection

Introduction

Only morality is capable to restrain the community in the established patterns of behaviour. However, during the different public changes the winners are those who deviate from the norms. Players strive to set their own rules and change legal norms into manipulation means of public morality. The danger for the whole community occurs, and what is more, for every individual.

George Pocheptsov, PhD in Philology, Professor Problem setting/formulation.

Nowadays, the actual problem of society concerns the guarantee of information security which takes the considerable place in the system of guarantee of vitally important issues of all states, and in particular, of Ukraine. First of all, it is determined by the urgent need in creating of developed information space of Ukrainian society, however, through such kind of the space the threats to the national security may appear.

The information security is an integral part of political, economical, defense and other parts of a life and activity of individual, society and a state in Ukraine, and at the same time it is an independent part of the national security which is intended to guarantee not only information security but to preserve the originality of national culture. Furthermore, the development of society is characterized by a certain level of social organization that demands a new awareness of many social, moral and legal values.

In the current context, the system of information security guarantee of Ukraine, that was established earlier, doesn't conform to the new principles substantially and cannot address the threats effectively. During the modern period of development of Ukraine the severe issue of determining the priorities of information security guarantee has emerged, one of which, above all, it is public morality defense.

The issue of public morality defense isn't new for Ukraine. Studying social relations, legal and regulatory instruments of different periods, states of various forms of governance, at different times there were a lot of measures for preventing, preserving and resisting to the influence of the negative recourses of information on consciousness of the most citizens. Considering those aspects we noticed many interrelated processes that proved the main idea of ensuring the resistance to negative context, public morality formation and creation of certain ideological atmosphere of the state during some period of time.

At the present time, the information security reforms are widespread in Ukraine, thus the social functions of a state are to guarantee the information security, in particular, the public morality defense which is crucial.

In information society, the public morality must always be related to the human rights to secure information space and freely create, spread, preserve and get the information which set forth in the legislature. In modern information society the certain order is carrying out with the help of morality and law. And therefore, the established moral values and public morality require defense from the state and to be embodied in the state regulations.

The purpose of article. The purpose of article is to analyze the state of information security as a part of information policy, to determine the role of public morality in the structure of state policy as a significant element of the information security guarantee, and also to formulate principles and pursue legal foundations of public morality defense in information sphere.

Statement of the main research material

Since gaining independence, in Ukraine it has been done a lot of achievements in the developing of information sphere as special system of public relations, which emerge and exist in all sectors of public life and a state as a result of gaining, using, spreading and preserving of information. First of all, it concerns a person's right to information which is enshrined in law, free flow of information within and outside the country, transformation in the model for cooperation between the state authorities and mass-media, creation of the national systems and information networks etc. The question of implementation of a person's right to information, transformation in the model for cooperation between the state authorities and mass-media, creation of the national systems and information networks are increasingly becoming the subject of scientific research.

At the same time, the problem of legal protection of society against negative information isn't still examined enough.

So, Article 17 of the Constitution stipulates that providing of informative safety is the major function of the state, matter of all Ukrainian people. Basic law of Ukraine confesses a man, its life and health, honour and dignity, inviolability and safety as the greatest social value in Ukraine [1].

The Doctrine of Information Security of Ukraine certainly asserts that development of sovereign, democratic and law-based Ukraine is possible in the condition of sufficient level of information security guarantee [2].

The Decree of the President of Ukraine № 47/2017 of February 24, 2017 approved the Doctrine of Information Security of Ukraine. The Doctrine is based on the principles of respect for the rights and freedoms of citizens, respect for human dignity, protection of legitimate interests of individuals, of society and of the state, ensuring the sovereignty and territorial integrity of Ukraine.

It is worth noting that the Doctrine defines the significant national interests of Ukraine in the information area, in particular, as follows:

1) The interests of a person:

• ensuring the human constitutional rights and freedoms for collecting, storaging, using and disseminating information;

• ensuring the constitutional rights to privacy;

• protection from destructive information and psychological impacts;

2) the interests of the society:

• conservation and enhancement of spiritual, cultural and moral values of the Ukrainian people;

• providing the social and political stability, inter-ethnic and inter-religious consent; forming and development of democratic institutions of civil society;

3) the interests of the state:

• effective cooperation of state authorities and civil society institutions during formation and realization of public policy in informative sphere;

• creation of a positive image of Ukraine in the world, delivering rapid, accurate and objective information to the international community concerning events in Ukraine;

• comprehensive meeting the needs of citizens, enterprises, institutions and organizations of all forms of ownership in access to accurate and objective information;

• establishment and development of information society;

• safe operation and development of the national information landscape and its integration into the European and world information landscapes.

Several Ukrainian scientists (G.G. Pocheptsov, N.M. Dragomiretska, V. Sidak, I. Valko, I.V. Aristova, V. Guberskiy, V.K. Konah, Y.A. Makarenko, Y.V. Nesteryak, V.P. Gorbulin, M.M. Bychenok and others) considered in details the theoretical and methodological basis of the state information policy realization and focused on the issues of the legal protection of public morality.

The interaction of information security with other components of public relations is supported by functions of the state which have the influence on all spheres of public life. In accordance with the content, the functions are divided into humanitarian, economical and political. The particular importance of the social function of the state is expressed through the fulfillment of the main tasks of the state in the social and information spheres. The economic relations, in particular, property relations directly impact on information security guarantee and person's defense. The crucial role of the institution of private ownership may be considered in the connection with mass media [3].

Information society requires changes in priority benchmarks from personal to universally shared and formation of new informative culture on that basis, and therefore, the formation of public morality norms. The sphere of public morality defense plays an important role in the structure of public policy and comprises the system of ethical values, rules and norms of behavior that were established on traditional spiritual, mental and cultural pillars in society, statement of responsibility and civil obligations. Public morality is the object of state protection.

In the context of reform of information society, the state should implement complex public policy in information sphere, the purpose of which is formation of unique and comprehensive public-state system of moral imperatives defense guarantee and moral demonstration of Ukrainian society upon the healthy lifestyle. The state should prevent any information that negatively influences the public morality such as propaganda of the culture of violence and cruelty, racial and national hatred, fascism, neo-fascism, ukrainophobia, antisemitism, xenophobia, intolerance, offence of the nation or a human being via the national characteristics.

In its content, the state is an institution of social character, the basis of which is the formation of social needs and interests. Accordingly, the state, as a social institution, must ensure the rights and freedoms of citizens, direct the state policy to meet the information needs and interests of the population in social progress.

The legal principles of Ukraine on the protection of morality in society are the Constitution of Ukraine, the Law of Ukraine "On the Protection of Public Morality" and other normative and legal acts in the field of protection of public morality.

The formation of an array of normative legal acts on the information sphere reached the level of formation of specialized branches of legislation only at the end of the 1990s. The institutes of computer and advertising law, the institute of information with limited access, the institute of journalistic law and others have distinguished. During the 1990s-2000s, there were 30 independent (that is, those not covered by any other sectoral legislation) laws, as well as a large number (over one hundred) of by-laws. The information sphere is also regulated by a number of newly approved civil, criminal, administrative and other codes. After 1996, four collections of acts of the actual information legislation were issued. Preparatory work was carried out on its codification based on the criteria formulated in the Constitution of Ukraine for the legal functioning of the information space, the principles of freedom of speech, the prohibition of censorship, freedom of literary, artistic, scientific and technical creativity, etc. [4].

Laws of Ukraine "On Information", "On the Publishing", "On Television and Radio Broadcasting", "On the National Council of Ukraine on Television and Radio Broadcasting", "On the Printed Media (Press) in Ukraine" and others, have defined the guarantees of freedom of activity the media, as well as the right of citizens to freely collect and disclose information through media resources. The ban on the use of mass media for spreading appeals to the violent overthrow of the existing political system and violation of the territorial integrity of the state, to war and violence, encroachment on honor and dignity of citizens, incitement to racial, national, religious hatred, etc., was established. However, the analysis of the realities of law enforcement practices in the media sector revealed a number of problems, the presence of which prevents the full implementation of citizens' right to information. Among these problems are improper non-enforcement of laws, corruption, low legal and political culture of government officials, the media and the public [5].

According to Article 5 of the Law of Ukraine "On the Protection of Public Morality", the content of state policy in the field of the protection of public morality is to create the necessary legal, economic and organizational conditions that promote the implementation of the right to information space, free from materials that constitute a threat to physical, intellectual, moral and psychological state of the population.

State policy in the field of protection of public morality is carried out on the principles

- guaranteeing the human right to use information that is free from materials that threaten the physical, intellectual, moral and psychological state of the population;

- protecting children from the negative effects of products and spectacular activities that are detrimental to public morals, in particular products containing elements of violence or cruelty, propagates fascism, neofascism, xenophobia, ukrainophobia, anti-Semitism, racial and national hostility;

- education of respect for parents and family values;

- protection of moral interests that arise in connection with various types of information activities;

- prohibition of the requirement of preliminary agreement of content of information products with state authorities;

- support of national culture, art, cinematography, book publishing, improvement of the system of propaganda of the best examples of world literature, culture and art.

The conditions and current trends in the social development of Ukraine confirm the need to urgently raise the issue of identifying the protection of public morality as a separate function of the state, in particular such as:

1) the presence of a particular group of public relations that is in need of regulation by the state;

2) social request of society for the regulatory role of the state in one or another sphere of social relations;

1) the existence of a system of legal norms that would regulate these social relations associated with the implementation of one or another function of the state;

2) the existence of a system of state bodies and civil society institutions capable of ensuring the fulfillment of state functions related to the protection of public morality.

The main directions of the implementation of state policy in the field of protection of public morality are: in the field of legislative activity:

- development and adoption of normative legal acts on state policy in the field of protection of public morality;

- elimination of differences, gaps and inconveniences that exist in the Ukrainian legislation in the field of protection of public morality;

- adoption of the Law of Ukraine "On the Protection of Public Morality";

- creation of legislation that would regulate the foundations of state policy in the Ukrainian segment of the Internet, the activities of the electronic media, the field of mobile content, the distribution of computer games and the introduction of appropriate certification of computer games and age restrictions;

- obligatory at the state level the appropriate criteria for attributing products to such a way that negatively affects public morality;

- improvement of the institute of legal responsibility in the field of protection of public morality, development of a legal mechanism for prosecuting offenders in the field of protection of public morals.

In the field of social policy:

- preservation and enhancement of national spiritual and cultural values;

- development of special long-term sectoral government programs aimed at improving the moral climate in the country;

- prevention of phenomena that violate the law in the field of the protection of public morals (first of all, in relation to the holding of spectacular events, the production and sale of products promoting war, national, racial and religious enmity, fascism, neo-fascism, racism, xenophobia, ukrainophobia, anti-Semitism, terrorism, other manifestations of criminal activity);

- active involvement of the public and mass media in combating the manifestations of terrorism, corruption and other phenomena that threaten the national security of Ukraine;

- definition of support of family-family relations as one of the priority directions of state activity; creation of a system of comprehensive youth support, selfdetermination and self-realization, and the formation of the necessary legal, humanitarian and economic prerequisites for it and social guarantees.

In foreign policy:

- study of foreign experience in respect of ethical standards, protection of public morals and the safety of children in the information space;

- a mutually beneficial exchange of information on the protection of public morals and multilateral international cooperation in this direction;

- accession to international treaties on the protection of public morality and the safety of children in the information space.

In the field of information policy: - protection of the national information space;

- optimization of public information management systems;

- creation of public television and radio broadcasting systems of Ukraine;

- state funding of mass media offering educational, informational, educational and analytical programs;

- continuation of dialogue with national, regional and local TV companies in order to restrict the broadcast of television and movie shows that contain episodes of violence, scenes with alcoholic beverages, the display of a positive image of smoking;

- restrictions on advertising of alcoholic beverages and beer on television;

- intensification of measures to combat unfair advertising;

-invitation of social advertising aimed at countering the propaganda of alcohol, limitation, use of drugs in all mass media, regardless of the form of ownership;

- monitoring compliance with ethical standards in the dissemination of information and advertising on the Internet, working out mechanisms of contradiction in the distribution of illegal content on the Internet;

- restriction of the circulation of computer games containing elements of violence and cruelty and the introduction of ethical examination of computer games distributed in the territory of Ukraine. in the cultural and artistic sphere:

- assistance in the creation of feature films of domestic production;

- confirmation of the status of the Ukrainian language in the cinema distribution;

- filling the media market with a quality Ukrainian artistic product;

- support of national dramaturgy and artistic art;

- establishment of quality domestic entertainment and entertainment programs;

- carrying out preventive measures during artistic actions, youth festivals, concert-entertaining programs and contests;

- ensuring access of the population, in particular district centers, small towns, villages and settlements, to the review of works of national and world cinema by developing a network of halls and premises for their cinema and video shows. in the field of health care and promotion of a

Healthy lifestyle:

- adoption of laws that will contribute to the formation of a healthy lifestyle;

- development and adoption of a national target social program for the improvement of health of the population of Ukraine;

- correction of curriculum on healthy lifestyle in general educational institutions;

- development of mechanisms for creating material and technical preconditions for the deployment of activities for the formation of a healthy lifestyle;

- introduction of a special tax on profits from the sale of tobacco and alcohol products to finance specific measures for the prevention of smoking and the fight against alcohol and drug dependence; in educational and educational sphere:

- legislative definition of the legal limits of moral education of children, and their protection against destructive information;

- a harmonious combination of national and multicultural education, the formation of a culture of interethnic relations;

- implementation of social and legal expertise of decisions of the authorities in terms of their impact on the processes of moral development of children and students;

- provision of the material and technical basis of the educational process of all types of educational institutions;

- support of youth and children's social movement and its integration into relevant European and world organizations, use of opportunities of children's public organizations, associations, student and student self-government.

- creation of favorable conditions for the moral and spiritual upbringing of student youth in children's public associations as an important resource for the learning of children by social norms, rules and procedures.

In the scientific and technological sphere:

- conducting complex scientific research in the field of protection of public morality and the impact of new information technologies on people;

- development of software and technical means of restricting access to content that is harmful to public morals.

In the spiritual-religious sphere:

- establishment of close cooperation with churches and religious organizations in the field of protection of public morality, propagation of spiritual and moral values and a healthy lifestyle. in the field of state security:

- defining the protection of public morality as a component of the humanitarian and information security of Ukraine.

In the context of state protection against information threats to society, one can consider the main directions of state regulation of circulation of information products that affects public morality: the formation of a single integrated system for the protection of moral principles and the establishment of a healthy lifestyle in the field of information activity, education and culture; he prevention of propaganda in the electronic and other media of the cult of violence, cruelty, the spread of pornography; introduction of expert evaluation of video, audio, print information and information on electronic media, the development of mechanisms and methods for assigning it to such a degree that is detrimental to public morals; support of national culture, art, cinematography, book publishing, improvement of the system of propagation of the best examples of world literature, culture and art; prohibition of demonstration of unlicensed audio and video products at all national TV and radio companies; establishment of control over the circulation of products, which constitutes a threat to public morality; joining international treaties on the issue protection of public morality [6].

One of the leading security measures in the field of public information security can be considered the provisions of Article 6 of the Law, which prohibits the circulation of objects and products of pornographic content: the production and importation into Ukraine of works, images and other objects of pornographic content for the purpose of marketing or distribution, their manufacture, transportation or other movement, advertisement, or distribution; circulation, demonstration and rental of printed publications, cinema, audio, video, radio, television products, materials on electronic media, other types of products promoting pornography. information policy society

In the terms of further research, it should be noted that other provisions of the Law of Ukraine "On the Protection of Public Morality" require careful scientific research (monitoring), taking into account public opinion and public control over the practice of its implementation by state authorities, so that it does not become an instrument for the formation of totalitarianism in the state.

Problems of state regulation and control of circulation of products, which negatively affects public morality, are closely intertwined with the problems of protection, defense, counteraction to individual threats to national information security, which is legally defined and at the level of information legislation.

Modern development of the latest information technologies not only extends the capabilities of mankind, but also has negative social consequences. Therefore, the main areas of implementation of state policy in the field of information policy in the context of protecting public morality should be the protection of the national information space, as well as optimization of the system of public administration of information sphere.

Changes related to the development of the information society concern all socio-cultural institutions and affirm a fundamentally new way of life of a person. In a global information society, a person needs to solve the problem of mastering a fundamentally new space. The experience of the last decades is confirmed by the fact that the countries that have a high level of education, science, health care, culture and spirituality claim to play the role of leaders in socio-economic development.

Conclusions

The formation of the information society and the cardinal influence of the informational mind on the production, management, consciousness and behavior of people, on social and political life in general, raise the issue of comprehension of information as an instrument of power and the development of such a state policy that would ensure national security, national interests and social progress in general as a result of effective management of the information resource of Ukraine.

Public morality in the information society must first of all be correlated with human rights to a secure information space and the right to freely create, distribute, store, receive information, and also to consolidate these rights in the law of the state. With the help of morals and law, a certain order is provided in the modern information society. That is why the moral values formed over the centuries, social morality as a system of these values needs protection from the state, and consolidation of law.

The protection of public morality in the information sphere is based on the general legal (the rule of law, the principle of respect for rights, freedoms, human dignity and humanity, humanism) and special principles (the principle of prohibition of censorship, non-interference of public administration bodies in the activities of mass media and other sub-objects of information activity outside the limits defined by the legislation, respect for the rights of consumers and not imposing on them any informational products, the inadmissibility of abuse of freedom of mass media activities on information, creation of conditions for self-regulation in compliance with the law on public morality).

It is extremely necessary to improve the information legislation, bring it in line with the rules defined by international legal acts; to develop the concept of information legislation that will regulate the sequence of preparation of the relevant regulatory acts, their composition and content requirements for these documents, proposals for amendments to the civil, administrative and criminal legislation related to the peculiarities of the development of the information society. It is also necessary to create an Information Code.

In addition, for the complex solution of the problems of protecting the national information space at the present stage, joint efforts are needed not only from the authorities, but also from public organizations, business structures. The provision of the necessary level of information security requires, first of all, systematic monitoring, analysis and forecasting of social, economic, political and other changes both inside the country and abroad. These changes are constantly leading to new information challenges and threats that need to be addressed promptly and adequately. Therefore, the second requirement is the systematic regulation of the level of information security through the appropriate protection resources: regulatory, organizational and administrative, scientific and technical, etc. [7]. In essence, it is necessary to provide continuous monitoring and analysis of all sources of increased information risk, to anticipate the processes of their manifestation in the long run and to quickly develop adequate countermeasures to reproduce or minimize undesirable consequences.

The systemic mechanism of providing information security should take into account personal, public and state interests in the external and internal environment, to identify dangerous information threats to these interests and to include adequate methods and means for their prevention, localization and neutralization. It should have a two-way communication between society, the media and the state, which enables them to promptly report on socioeconomic changes and assess the effectiveness of the measures taken.

The improvement and development of reverse and direct channels, that is, the functions of monitoring and regulating the level of information security, corresponds to the vital interests of Ukrainian society, since it increases the efficiency of its protection in all spheres of life. A prerequisite for this is the organization of mutually beneficial cooperation and interaction between the authorities, public organizations and commercial structures on the basis of trust and respect for each other. Therefore, the revival of mutual trust and respect in Ukrainian society should become a priority task of the state information policy.

Therefore, in general, Ukraine's information sovereignty is ensured through the implementation of a comprehensive state information policy in accordance with the Constitution, the current legislation of Ukraine and international law by implementing relevant doctrines, strategies, concepts and programs that affect the national information policy of Ukraine, as well as a set of measures aimed at protection public morality.

Literature

1. Constitution of Ukraine, June 28, 1996 // with amendments introduced by the Laws of Ukraine No. 2222-IV of December 08, 2004; of 02.02.2011 N 2952- VI; of 19.09.2013 N 586-VII; of 02.02.2014 N 742-VII; dated 02/06/2016 N 1401-VIIL

2. Decree of the President of Ukraine No. 47/2017 On Decision of the National Security and Defense Council of Ukraine dated December 29, 2016 "On the Doctrine of Information Security of Ukraine", 2017.

3. Y.V. Ivanchenko, I.S.Ivchenko, O.Horoshko, Y.E. Khokhlachova "Providing information security of the state"; NAU, Kyiv, 2016.

4. N.M. Dragomiretskaya "State Information Security"; educational and methodical manual; NAU, Odessa, 2016.

5. T.O.Kolomoyets, S, V.Gryschak "Adaptation of the information legislation of Ukraine to the requirements of the EU as a component of the modern domestic law-making process”; NMU, Dnipro, 2013.

6. V. Sidak, I.Val'ko "Moral and security of person, nation, state", Kyiv, 2001.

7. Gorbulin V.P., Bichenok M. "Problems of Protection of the Information Space of Ukraine", Kyiv, 2009.

8. The Law of Ukraine "On the Protection of Public Morality". Legal principles "Protection of personal values and public morals" (a collection of normative acts of Ukraine).

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