The Russian Ministry of Internal Affairs has published clarifications on the rights of journalists in connection with recent publications about the filming of the program “Revizorro” (TV channel “Friday”). The ministry explained that Rospotrebnadzor has the right to control the work of public catering, and journalists do not have the right to replace the activities of a government agency.

From paragraph 1 of the regulation on the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare (approved by the government in June 2004), the organization and conduct of state sanitary and epidemiological supervision and federal state supervision in the field of consumer rights protection is carried out by Rospotrebnadzor, the explanation says.

The Law on Media gives journalists the right to “search, request, receive and disseminate information (clause 1), visit government bodies and organizations, enterprises and institutions, bodies of public associations or their press services (clause 2), make recordings, including using audio and video equipment, filming and photography, except for cases provided for by law (clause 6), to verify the accuracy of the information provided to him (clause 8).” However, these provisions do not imply that the journalist is given any exclusive prerogatives characteristic of government bodies, for example, the use of coercive measures, the Ministry of Internal Affairs explains. “That is, the activities of a journalist cannot replace the activities of a government body,” the department emphasizes.

The rules for the provision of public catering services, approved by the government in 1997, “do not provide either the consumer or the journalist with the right to independently enter the premises of the performer, access to which is limited,” adds the Ministry of Internal Affairs.

The Ministry of Internal Affairs also reminds all interested parties that the law on media, along with liability for infringement of freedom of mass information, also stipulates liability for abuse of freedom of mass information.

“In our activities, we have not replaced and are not replacing government bodies, but act in accordance with the law on the media, receiving information and disseminating information about the activities of public catering,” Natalya Abramochkina, a representative of the Friday TV channel, told Vedomosti. During filming, journalists often had to call employees of the Ministry of Internal Affairs, and none of them ever doubted that the journalists acted illegally, Abramochkina continues.

“We have studied the statement of the Ministry of Internal Affairs, we categorically disagree with it. If our lawyers deem it necessary to provide employees of the Ministry of Internal Affairs with additional explanations about our activities, we will do so,” says Abramochkina.

“Revizorro” is an adaptation of the Ukrainian program “The Inspector General”; the Russian version has been broadcast since 2014. Its presenter, Lena Letuchaya, examines the quality of services of restaurants, cafes, hotels and other public institutions. Previously, she filmed stories about establishments in the regions, and this fall she began filming in Moscow. Recently, Facebook users heatedly discussed an episode of a program about the Odessa-Mama restaurant. After this, Friday’s lawyers selected the most harsh statements from Facebook users. Lawsuits were filed against 20 people to protect the channel’s reputation and for libel. The Moscow Arbitration Court returned these claims to Pyatnitsa.

”, which covered several catering establishments in Yekaterinburg. One of them, “received a negative assessment from the presenter. After that, the cafe was inspected by the company, and the pie shop faced negative reviews. Restaurateurs and lawyers in Yekaterinburg, wondering about the legitimacy of such visits, later asked the department of sanitary doctors to clarify whether the film crew’s entry into the cafe’s kitchen was legal.

The day before, Ekaterinburg published an extensive parsing the legal side of this event. As a result, Mr. Zavyalov could not agree with the position of the owner of Podsolnukhov, who considers the actions of Revizorro to be obviously illegal.

Sergey Zavyalov, lawyer:

- I have been following the whole situation with “Sunflowers” ​​and “Revizorro” very carefully from the very beginning - since February. For some reasons it's interesting.

Now the conflict has more or less taken place, Rospotrebnadzor inspections were successful for the cafe. Most of the townspeople (at least those who are visible) spoke out in support of the Sunflowers. The illegality of the actions of “Revizorro” is obvious to the owner of the cafe, and he is even supported by Roskomnadzor.

It can be stated that Andrey Semenov won (he got his PR, the cafe is not closed). Therefore, take my comment not as an attack, but solely as an alternative opinion that cannot influence the situation.

Let's look again at what exactly Revizorro did. The film crew entered the territory of the cafe, without the permission of the owner’s representative, inspected the kitchen and utility rooms that were closed to visitors, recorded it all on video, and broadcast it on air. Was this a violation of anyone's rights?

1. Article 47 of the Law “On the Mass Media” (hereinafter simply “the law on the media”) gives a journalist the right to visit organizations, make video recordings, gain access to materials, with the exception of information constituting a commercial secret, and distribute materials prepared by him.

In my opinion, the totality of these rights means that a journalist, if he needs it, can enter any room(except for residential ones), if in such premises there is no information constituting a commercial (in our case) secret.

2. We look further and see that the kitchen of a catering establishment cannot be a room in which a trade secret regime is established. According to Article 5 of the Law “On Trade Secrets”, the trade secret regime cannot be established by persons engaged in business activities in relation to the following information:

“on environmental pollution, the state of fire safety, the sanitary-epidemiological and radiation situation, food safety and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of every citizen and the safety of the population as a whole.”

The conclusion I draw for myself is: if you prepare and sell food to citizens, you do not have the right to establish a trade secret regime for the kitchen, utility room and other premises where this cooking and sale takes place.

3. Now that we have established that a journalist can enter both the kitchen and the utility room, we only need to figure out whether he must obtain permission from the owner to do this. According to the Law “On the Mass Media” (Articles 39 and 40), the editorial office has the right to request information about the activities of organizations and their officials, and representatives of these organizations are obliged to provide this information.

That is why, regarding “who is an outsider and who is not with t.z. SanPiN 2.3.6.1079-01. Clause 2.5 of this document prohibits unauthorized persons from being in the production and warehouse premises of catering establishments.”

Well, Rospotrebnadzor will say: “Unauthorized persons are not allowed to be in production and warehouse premises.” But how will he justify that a journalist, while performing his professional duties, having an editorial task and powers arising from the Law “On the Mass Media,” is an outsider? A journalist is an authorized person, just like an inspector from the RPN or, for example, a policeman. Not a stranger.

One more final conclusion that I made for myself:if you are a restaurateur, you cannot not allow a journalist into your kitchen.

In mid-2014, on the Russian TV channel “Friday!” The “Revizorro” program began airing - an entertainment show with a social orientation, the presenter of which checks the quality of services provided in restaurant and hotel establishments. The new project has become a real breakthrough on domestic television, and helps many Russians make the right choice of restaurant or cafe. But besides the positive reviews, some TV viewers ask themselves the question: does an auditor have the right to enter a catering kitchen?

The idea of ​​​​creating and rules of the auditorro program

The idea of ​​the “Inspector General” program was taken from a similar project on Ukrainian television - “The Inspector General” with Olga Freimut. TV channel “Friday!” tried to get a Kiev woman as the host of his new show, but in the end abandoned this idea.

The face of “Revizorro” for the first 3 seasons of filming the program is Lena Letuchaya.

Plot and rules of the program quite simple:

• Inspection of the institution's premises. Employees of the TV show, without warning the owner in advance about the upcoming audit, penetrate into the inspected complex:
  1. Catering establishment. First of all, everyone is interested in the kitchen. The presenter and operators put on protective gowns, hats, shoe covers and penetrate into the heart of any restaurant. Main violations:
     • Expired products. The shelf life of the food has expired, or the containers with prepared meals do not have a sticker with the production date on them.
     • Improper food storage. The pots in the refrigerator are without lids, and incompatible products are on one shelf.
     • Hygiene. This includes dirt and all kinds of living creatures: ants, cockroaches, mice.
  2. Hotel complexes. Here the hygiene and quality of the rooms are checked. Main violations:
     • Poor quality room equipment. Old plumbing and cabinets, non-working TV, lack of towels and hangers.
     • Hygiene. Dust on the furniture, hair in the bed, rust on the plumbing.

• Subjective but adequate assessment. Based on the results of the inspection, the presenter awards the forwarding institution with a quality label. If the complex fails the audit, the owners and staff are given advice on how to improve customer service.

Rights of a journalist auditor

Owners of large and small businesses have long been accustomed to the attention of controlled authorities and know their rights. In the case of Revizorro, the situation is different - the verification is carried out by the media.

Unfortunately, the “Mass Media Law” was adopted in the early 90s of the last century, and does not meet the criteria of modern society.

Let's talk on the rights and status of a journalist:

1. Setting the status of a journalist. The owner of the establishment needs to establish whether the journalist in front of him is really a journalist. Article 52 of the Media Law states that a media representative must provide:

• Service ID.
• Editorial assignment.

1. Powers of a media representative. The most interesting thing is: can a journalist visit any premises of a particular complex? Correct answer - No! Paragraph 2 of Article 47 of the Law on the Mass Media does not specifically state in what order he can do this:
   • Procedure for visiting the institution. In Article 20.21 of the Code of Administrative Offences, streets, parks, transport, etc. are called public. places. That is, a journalist can visit the hall, smoking room, toilet, like an ordinary visitor.
   • Special government bodies. The kitchen and other official places of the enterprise can be freely visited by employees of the Ministry of Internal Affairs, a fire inspector and other relevant government bodies, but not by a journalist.

Inspection of a restaurant kitchen by journalists may occur upon prior agreement with the administration. In any other case, the owner with a clear conscience can refuse, and in some cases, call the police.

Does the auditor have the right to remove?

Any journalist can take photographs and video in any public place. Exceptions can be found in the legislative documents of the Federal Law of the Russian Federation, the civil and arbitration procedural codes of the Russian Federation:

1. If in the audio or video recording material the owner sees in it data that discredits his honor.
2. The journalist, in one way or another, revealed the trade secret of the enterprise.

But all laws speak about government institutions. Private property no one canceled. As for the “Revizorro” program, visiting the kitchen obliges them to:

• Go through safety procedures. If a member of the film crew falls or is scalded by boiling water, the chef will be to blame: he did not carry out the appropriate instructions.
• Availability of a medical record. And this applies not only to the presenter, who comes into contact with food, but also to the television cameraman and sound engineer.
• Special clothing. Sanitary clothing does not mean a simple robe made of white fabric, but special textiles.
• Hygienic processing of equipment. It is carried out with special preparations intended for the care of electronic equipment.

Does the auditor have the right to conduct an inspection?

Of course it can. As for office premises, you first need to agree with the owner of the catering establishment. Another variant, come without warning. The on-site administration will decide whether to allow the film crew into the kitchen or not.

Actually, in any cultural society, brazen and lawless entry into premises that are not intended for visitors is not allowed.

Let's collect all the conditions under which all doors open for the Revizorro team:

• Consent of the owner of the inspected institution.
• Having an official journalist ID.
• Editorial assignment.
• Availability of a medical book and special clothing.

After the first three seasons of the program, the “Revizorro Show” appears on television. The program involves restaurateurs who did not pass the test at the time, the presenter of “Revizorro” herself and experts. Transfer Features:

• Owners and administrators of their institutions that did not pass the “exam” come to visit. Some ask for forgiveness, some try to justify themselves.
• They show moments of a scandalous audit, there is a discussion, and then a repeat audit is shown.
• Experts, depending on the situation, take the side of the leader or the small business representative.

Top most scandalous issues of “Revizorro”

1. The hit parade opens with a check of the cafe “Irina” (Anapa). The result of the audit: a showdown in the kitchen led to the fact that the cameraman of the film crew ended up in the hospital with a knife wound.
2. The administration of the Vanilla Sky restaurant (Yaroslavl) first strangled the presenter, and then severely beat her.
3. The owner of the New Rome restaurant (Stavropol) called the police, as a result of which the entire film crew spent more than 5 hours in the police station.

During the existence of the television program, the film crew visited dozens of establishments specialized in providing services to the population. It is impossible to unequivocally answer the question “does an auditor have the right to enter a catering kitchen?”

21 September 2015, 22:09, question No. 982446 Denis, Krasnodar city

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22 September 2015 16:05 show

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Answers from lawyers (9)

A public place is a part of any building, structure, or street that is constantly accessible to the public either at a certain time, by invitation, or for a certain fee, including entrances and underground passages.

Good luck! Best regards, Sergei.

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Good afternoon, Denis.

Regarding filming in the halls of restaurants and cafes, the actions of the film crew are legal, since no one has the right to prohibit filming in a public place, at any enterprise or organization.

Two laws can be applied here:

1. The Law on Mass Media (Article 47) allows a journalist to:

1) search, request, receive and distribute information;
2) visit government bodies and organizations, enterprises and institutions, bodies of public associations or their press services;
3) be accepted by officials in connection with a request for information;
4) gain access to documents and materials, with the exception of their fragments containing information constituting state, commercial or other secrets specially protected by law;
6) make notes, including using audio and video equipment, filming and photography, except as provided by law;

Thus, you do not need to ask anyone for permission to visit any institution and take pictures inside it.

This is directly stated in the Constitution of the Russian Federation:

Article 29
4. Everyone has the right freely seek, receive, transmit, produce and distribute information by any legal means. The list of information constituting a state secret is determined by federal law.
5. Freedom of media guaranteed. Censorship is prohibited.

Therefore, the ban on filming at a public catering establishment directly contradicts the Constitution of the Russian Federation, which is a document of direct effect, and its application does not require seeking consent from anyone.

2. Consumer Protection Law

Article 7. Consumer’s right to safety of goods (work, services)

1. The consumer has the right to have the product (work, service) under normal conditions of its use, storage, transportation and disposal was safe for life and health of the consumer, the environment, and also did not cause harm to the consumer’s property.

Article 8. The consumer’s right to information about the manufacturer (performer, seller) and goods (work, services)

1. The consumer has the right to demand the provision of necessary and reliable information about the manufacturer (performer, seller), its mode of operation and goods (works, services) sold by him.

Therefore, in order to protect himself from consuming dangerous products, the consumer has the right to obtain information about the restaurant’s services and has the right to record it in a way convenient for him, including by video recording. The Consumer Rights Protection Law does not prohibit the recording of information by consumers.

Now, as for entering the kitchen and checking the sanitary condition of the kitchen, shelf life of food, identifying expired items, etc.

These actions are not within the competence of the journalist, since these are control measures that are within the competence of Rospotrebnadzor and other regulatory authorities. Only Rospotrebnadzor authorities can inspect the sanitary condition of public catering establishments.

Therefore, in fact, Revizorro takes on the functions of a government agency, Rospotrebnadzor.

If the program has information that food preparation and storage standards are being violated in some establishment, it can notify Rospotrebnadzor or another government agency about this. In my opinion, the Revizorro does not have the right to conduct an inspection on its own.

Such actions constitute an administrative offense:

Article 19.1 Arbitrariness

Arbitrariness, that is, the unauthorized exercise of one's actual or alleged right, contrary to the procedure established by federal law or other regulatory legal act, without causing significant harm to citizens or legal entities, - entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles.

Therefore, according to SanPIN standards, the restaurant owner has every right not to allow unauthorized persons who are not restaurant employees into the kitchen, with the exception of employees of state regulatory authorities, since he is responsible for the prepared food.

With respect, Roman.

Good night, Denis!

I’m watching the Revizorro program (on the Friday channel), and I don’t understand whether Elena Letuchaya, the host of the Revizorro program, has the right:
Denis

Denis, this program is the same show as Dom-2 and the like. If you didn’t believe me, then I went to answer your questions.

1) visit the kitchen in restaurants (since the kitchen, logically, is not a public place),
Denis

2) conduct inspections, open refrigerators (and other kitchen appliances), touch (take out, open, smell, etc.), lay out goods that she did not like (in particular, those that were overdue),
Denis

Yes, but only with the consent of the restaurant owner.

3) does the restaurant management have the right not to allow the Revizorro film crew to enter (legally), or at least do this with permission, after agreement, etc.
Denis

In accordance with sanitary standards, a catering worker must not only have a health certificate, but also, in accordance with sanitary standards, undergo daily monitoring for the presence of skin diseases, etc., etc.

They do not have the right to make value judgments about the quality and correctness of compliance with standards, because are not Rospotrebnadzor specialists.

All they (journalists) say is just an expanded interpretation of the law and the use of gaps in the legislation (for example, the lack of legislative definitions of a public place).

The following people have the right to enter the kitchen:

Personnel, in compliance with sanitary standards;

Police, if there is a warrant for an inspection or search;

Rospotrebnadzor during an inspection;

The prosecutor's office in any case upon presentation of the certificate.

ALL others with the permission of the administration.

The most important thing in this situation is to create conditions under which journalists themselves will not be able to enter the kitchen area.

If you are asking a question as a private individual, then I think the answer is sufficient, but if you are asking a question as the owner of an establishment and want to receive effective methods to prevent a visit from Revizorro employees, then I can help you with this.

To do this, you will need to work through the following documents:

Production control program in the “Establishment”;

Documents establishing the Trade Secret regime (since simply declaring it is not enough);

Information messages in the room.

If your requirements are violated, the actions of journalists will be illegal (Article 183 of the Criminal Code of the Russian Federation) and you will have the right to demand either compensation or the right to forcibly remove strangers from the kitchen and your actions will be fully in accordance with the law.

All legal services in Moscow

Similar questions

Over the years of work in the show “Revizorro”, TV presenter Elena Letuchaya has turned into a real modern style icon. And this is not surprising: always neat and well-groomed, Elena does not appear on the program or in front of camera lenses except with perfect hair, makeup and laconic stylish ensembles. Viewers have long been wondering who chooses all these outfits for the TV presenter. The public is eager to know the name of the celebrity stylist.

In an interview that Letuchaya gave in 2014, Elena stated that she selects all the clothes herself, including those for filming. Then, in episodes of Revizorro, the TV presenter appeared in elegant and formal suits and dresses. They were provided by the Vassa&Co brand, which had been cooperating with the star for quite a long time. Later, the star became addicted to buying clothes from Victoria Beckham - equally discreet, strict and always perfectly tailored. Another domestic designer who liked Letuchaya was Olga Yakubovich.

Popular

Letuchaya regularly posts pictures from the fitting room on her Instagram while choosing the next outfit. Alas, the TV presenter has become a real hostage to her most restrained, laconic style, and now Internet users react negatively to any manifestations of the star’s stylistic throwing. For example, when Letuchaya posted a photo in a swimsuit with a tiger in the style of the 90s, subscribers wrote that it looked “cheap” and “old-fashioned” and in general it was a “grandmother’s option for the dacha” (and this, in fact, is the point of the spontaneity of those who returned 90s).

So, having become a real pillar of a laconic and strict style, Elena tries to choose modern classics for official events. Strict forms, the absence of unnecessary details and decor - this is the basis of her style. Dressing elegantly, but simply, is her main advice. (Volatile claims that people have turned to her for style advice since she was a student at the College of Finance and Economics.)

Volatile seems to be a clear adherent of universalism and the theory of a basic wardrobe. Nevertheless, a carefully thought-out wardrobe for filming (and Elena thinks through everything, right down to the compatibility of this or that item with a manicure) - and usually “Revizorro” business trips lasted a little less than a week - barely fits into a huge suitcase. Fortunately, now there is no need to transport a large number of suits, dresses and shoes: the last season of the program took place in Moscow.

For her own wedding, Letuchaya chose a dress from Vera Wang - a true modern classic of wedding fashion. Of course, the chosen wedding outfit turned out to be as laconic as possible and suited Elena very well.

The name of one of the stylists who was responsible for Letuchaya’s wardrobe is also known. This is Ivan Ioannov. However, it is difficult to say that this man acted as a stylist; rather, he was the TV star’s shopper. This is confirmed by the complaints of Ivan, who was fired in scandal last fall. Letuchaya wrote on her Instagram that he brought her things from stores and showrooms, but, alas, he couldn’t even cope with these tasks and often disrupted the filming of “Revizorro.”

Ioannov, in turn, replied that it is almost impossible to be a stylist for a TV presenter: she dictates very strict requirements, and the “stylist” can only perform the functions of a courier. Thus, the main reason for the misunderstanding between Letuchaya and Ioannov was the requirement to find thick beige tights.