BDAR

Court rules LRTK fine over fly agaric promotion lawful

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The Regional Administrative Court has upheld the decision of the Radio and Television Commission of Lithuania (LRTK) to impose a €1,400 fine on Laurynas Burovas, known online as “Maybachas,” for disseminating prohibited content on social media.

The court rejected the complaint and ruled that the published video — which showed the consumption of fly agaric mushrooms, described their effects, and encouraged viewers to purchase them — violated legal provisions prohibiting the promotion of psychoactive substance use.

Burovas claimed the content was not illegal

During the proceedings, Burovas argued that the LRTK’s decision was unfounded because:

  • the video had been published before certain substances were added to the list of prohibited substances;
  • the video did not explicitly identify a specific species of fly agaric or any prohibited substance;
  • the content itself, in his view, could not have caused harm;
  • and the mushrooms shown in the video may not have been fly agarics at all.

In earlier explanations, he also claimed that the mushrooms shown could have been edible porcini mushrooms and apologized for the situation.

“Even as a joke, the content constituted a violation”

However, the court found that the video not only depicted consumption, but also claimed that fly agarics “work better than alcohol or tobacco,” thereby presenting them in a positive light.

The court emphasized that even if another product had actually been consumed, the decisive factor was the overall nature of the content and the message it conveyed.

Ongoing violation and risk to minors

One of the court’s key arguments was that the video remained publicly accessible online for an extended period of time. According to the ruling, the violation must be considered ongoing because the content continued to be publicly available even after the psychoactive substances contained in fly agarics had been added to the list of prohibited substances.

This means that liability arises not only from publishing such content, but also from continuing to make it publicly accessible online.

The court also highlighted the potential impact such content may have on audiences. According to the ruling, depictions of consumption, emphasis on positive effects, and invitations to purchase the product create the impression that such substances are acceptable and beneficial, posing a particular risk to minors.

LRTK: responsibility applies across all platforms

“This court ruling clearly confirms that responsibility for disseminating harmful content applies regardless of the platform — both in traditional media and on social media. Publicly demonstrating and positively portraying the use of psychoactive substances has a real impact on audiences, especially young people,” said LRTK Chairperson Mantas Martišius.

Fine Considered Proportionate

The court concluded that the €1,400 fine imposed by the LRTK was justified and proportionate to the violation committed.

The ruling may still be appealed before the Supreme Administrative Court of Lithuania within 30 days.

 

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Last updated: 13-05-2026
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