Is a mailing list a publication?

Question

Email Marketing

A lot of laws have already been adopted and will continue to be adopted, prohibiting the publication of various information on the Internet.
Those. if someone (publishes) = (publicizes via the Internet) = (publishes, etc.) on his website media files, text or links to prohibited information, then he can be easily held liable, because. Finding out who the site is registered to and where it is located is not very difficult, especially for the “authorities”.
And on this occasion, the actual question from the title:
Is the mailing list a publication?
Those. if, for example, “someone” sent a letter to someone else with such information prohibited for publication, is it possible for this “someone” t.s. "attract by law"?
If so, how will it be proven in court? With the site - it's more or less clear, but what about the letter that came essentially from "nowhere" because. The sender's address can be registered to someone who is not clear, and indeed it can be fake, etc.?
It all comes down to the fact that in the case of a web page, they go to it, knowing its address in advance, for (published) information, and in the case of a letter, they receive information (published?) at their address.
Those. in the first case, knowing the address, I go there for information, and in the second, someone, knowing my address, sends information to me.
How would processes different in direction of action and meaning be obtained?

Answer 1

A similar situation is spelled out in the constitution in article 23 p 2.
In order to attract someone for correspondence, you must first prove it in court, that is, there must be an appropriate evidence base in relation to a person, while there were precedents when the constitutional court ruled on illegal actions and closed the case. At least the current legislation, as far as I know, does not provide for and there are no amendments regarding electronic correspondence.