What is libel?
Today we will look at the issue of slander. First, let's talk about what it is and what the criminal punishment is for it. Next, we will look at what actions need to be taken in order to call the slanderer to account and, of course, we will talk about the practice of considering these cases in court. First you need to define what libel is. Article 128.1 of the Criminal Code states that libel is the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation.
Thus, in order to hold a person accountable, the following conditions must be met:
- The culprit must understand that he is disseminating false information that does not correspond to reality;
- The perpetrator must be willing to disseminate this information;
- The third condition is that the information must discredit honor and dignity and undermine reputation.
In legal terms, defamatory information, in particular, is information containing allegations about a citizen’s violation of the current legislation, committing a dishonest act, incorrect, unethical behavior, dishonesty in business activities, violation of business ethics or business customs. But one should distinguish between a statement about a fact that can be verified and a value judgment, opinion, belief that cannot be verified.
For example, the phrases “bad person”, “irresponsible student” are only value judgments that are not defamatory information that belittles the honor and dignity of the victim. At the same time, the phrase that “Yes, he is a thief” already fully falls within the scope of the crime, since this fact can be verified and if there is no court verdict against the person for theft or in the future it will not be possible to prove that this person stole, then everything can happen for the person who said it end badly.
There are several parts to the article in question, and depending on the part of the article, different amounts of punishment are provided in the form of a fine or compulsory labor.
The first part is just the usual slander that I talked about at the beginning of this video. The second part is slander, widespread in a public speech or work, as well as in the media. The third part of the article is slander committed using one’s official position. Next is the fourth part - Slander that a person suffers from a disease that poses a danger to others or slander accusing a person of committing a crime of a sexual nature. The fifth part of the article in question is Slander about accusing a person of committing a serious or especially serious crime.
Code of Administrative Offenses - Slander your health!
The Code of Administrative Offenses (CAO RF) deals with slander by introducing Article 5.60.
According to this norm,
“ Slander , that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation... entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles .
Yes, this is really a worthy restriction for a slanderer, perhaps poisoning the victim’s entire life!
However, there are certainly special elements in the article “slander”? Yes, I have.
Let’s take a look at the state “price list” of slander.
“Slander contained in a public speech, a publicly displayed work or the media” will cost us a fine “in the amount of two thousand to three thousand rubles.”
And the pleasure of combining slander “with accusing a person of committing a grave or especially grave crime” will cost only 3-5 thousand rubles! And this is not counting all the pain that it will be for the injured party to set the wheels of justice in motion. Yes, this also won’t really frighten the culprit.
What to do if you are slandered?
Now that we know a lot about Article 128.1 of the Criminal Code of the Russian Federation, we can talk about how to act if slander has been spread against you. So. The crime of libel can be either a private or public charge. If a crime has been committed against you under part one of Article 128.1 of the Criminal Code of the Russian Federation, then this is a matter of private prosecution and you will need to write a statement to the court yourself and take part in all court hearings, presenting evidence and supporting the prosecution, essentially replacing the prosecutor.
If a crime of any other part of Article 128.1 of the Criminal Code of the Russian Federation has been committed against you, then this is a matter of public prosecution and to initiate it it is necessary to write a statement to the police and if, according to the results of the check, the actions of the slanderer constitute a crime, then a criminal case will be initiated and after all necessary investigative actions will be sent to court. In court, in this case, the state prosecutor, an employee of the prosecutor’s office, will take part in all court hearings, presenting evidence and supporting the charges.
In any case, if you have been slandered online, you should not wait to file a complaint with the police or court. The first step is to record the presence of slander on certain pages on the Internet. To do this, you need to contact a notary, who will inspect the site and draw up a site inspection protocol. This protocol will describe the mechanism of how the notary went to the required site, and what was on it with the attachment of screenshots of the computer screen. The cost of this procedure is not cheap. The average price tag for examining several pages of a site is from 3 to 10 thousand rubles, but this must be done, since if you delay, then by the time the case is examined, the information may be deleted and difficulties will arise in proving the crime.
So, in particular, in one of the court decisions I analyzed in the city of Izhevsk on this matter, it is stated that ordinary uncertified printouts of Internet pages that contain facts of slander are unacceptable evidence, since it is impossible to establish the source of their origin, and data from these Internet pages have now been deleted. Thus, it is pointless to present regular printed website pages without having them certified by a notary.
Slandered and rejected, or What to do when you are slandered in front of your boss
You had a normal, calm relationship with your boss. Suddenly everything turned upside down. He looks at you like a wolf and seems to be planning to fire you. Someone spread rumors that you are aiming for his place and do not consider the leader adequate. Experts offer six tips on how to get back in your boss's good graces.
No matter how wonderful the team is, sooner or later situations are possible when someone begins to inadequately evaluate your actions, your results, and yourself. It would be nice to just evaluate, but your colleagues are in a hurry to share their unfair and often far-fetched assessments with others, and above all with your manager. As a result, your image is sometimes distorted beyond recognition. In addition, a situation is possible when one of your ill-wishers colleagues deliberately decides to slander and slander you.
1. Find out what exactly they said about you
Before you go and stand for the truth, clarify the situation. Try to gather as much information as possible about what they said about you. At the same time, who said it will no longer be so important, since your goal is not to punish the perpetrators, but to clarify the situation. Only having a picture of possible claims against you in hand will you be able to form counterarguments. Run to the boss with the words: “Chief, I don’t know what they told you, but it’s not me!” there is no point. The boss will not understand such a move, but he will definitely have doubts about your adequacy.
2. Prepare your arguments
It is clear that you are not happy about being lied to, but there is no need to give free rein to your emotions. Your argument should be clear, laconic and unemotional. Remember that by demonstrating irritation, anger, resentment, you are grist to the mill of your ill-wishers. Therefore, having prepared your arguments, before communicating with management, enter a state of calm prudence. For some, a few deep breaths will be enough for this; for others, a 10-minute brisk walk or a cup of tea will be enough.
Even if the boss resorts to shouting and threats, do not give in. Your main task is to convincingly prove that you have nothing to do with it.
3. Have an honest conversation with your boss
Playing with an open visor is the best counterargument to intrigue and speculation. You should not count on the fact that successfully spread “correct rumors” about you will be able to erase all the negativity that has passed through the company before. Openly discuss the information that has become known in a conversation with management. The most difficult thing is to start a conversation; alternatively, you can offer to approach your manager to discuss the information that worries you. For example, you heard that someone considers you a “bad person” and says that you don’t give a damn about your boss, it’s clear that these are rumors and speculation, but you would like to discuss this with the manager to eliminate any misunderstanding.
Invite him to discuss the situation in detail, since you work closely together and any misunderstandings may affect the effectiveness of the work. Remember that your goal is, first of all, the possibility of further effective cooperation, and not just saving your positive image.
4. Discuss realistic prospects
After presenting your arguments, ask your manager if he has any suggestions or criticisms regarding your work. This discussion is not a monologue of justification, but a discussion of complex and important work issues, including your strengths and weaknesses. Yes, this discussion does not fall within the scope of formal certification and is provoked by external circumstances, but it can and should become a step towards improving the performance of you and your team.
5. Don't take revenge
Once you've finished dotting your i's, don't give in to the temptation to take revenge. Yes, the situation did not demonstrate the best qualities of your colleagues, but you must have your own rules and principles that do not allow you to stoop to the same methods. Don't be distracted by unwinding intrigues. Be effective - in the eyes of management, this is your best defense against any slander and conspiracies.
6. Save the relationship
After the manager has accepted your arguments and has become, if not your friend, then a good boss, it is important to maintain this relationship. So that ill-wishers do not have the slightest chance of harming you, you must continue to be on friendly terms with your boss. This isn't about flattering your boss, but it's worth keeping him in the loop, not just about your work, but about the mood of the entire department. Just sometimes come to your boss and share your thoughts about improving the work process. If you have a great idea, tell it to your boss. Let him even introduce her “to the top” as his own. In any case, he will understand that you are not trying to bait him, but are simply working and striving for career success, without violating corporate ethics and without trying to jump over his head. Although, most likely, the boss will retain your authorship, which will give you an advantage when he goes for a promotion.
Andrey Kurtsev
"Work"
Judicial practice on libel
Now let’s analyze judicial practice in order to make it clear what actions the courts recognize as criminal.
It is prohibited to post slanderous leaflets
In 2021, the Sovetsky District Court of the Republic of Crimea found guilty two people who posted in public places in the city pre-made paper leaflets in A4 format, which contained information that the victim, who was engaged in real estate activities, was a fraudster. For this, both were sentenced to a fine.
Libel with accusation of theft
In 2021, a judge of the Kirov District Court of Saratov found a man guilty under Part 2 of Article 128.1 of the Criminal Code of the Russian Federation for the fact that while he was at the house, in an affirmative form, in the presence of more than four people, he uttered a statement that the victim was stolen and caused damage. For this phrase, the court imposed a fine.
Slander in WhatsApp group
By the verdict of the Sovetsky District Court, but already in the city of Tomsk in 2021, the defendant was found guilty under Part 1 of Article 128.1 of the Criminal Code of the Russian Federation for using the Internet application “WhatsApp” in the group “Our Home”, created in this application by the chairman of the HOA for the purpose of prompt communication between the owners of an apartment building, in the presence of more than 80 owners of this residential building, she distributed a message in the affirmative: “You are a fraudster and a bribe-taker,” “The chairman of the HOA is a fraudster,” “the person turned out to be extremely dishonest.” For this action, a fine of ten thousand rubles was imposed.
Defamation in a statement to the police
Also, by the verdict of the Leninsky District Court of Krasnodar in 2021, the citizen was found guilty of committing a crime under part one of Article 128.1 of the Criminal Code of the Russian Federation, since he, by informing a police officer of knowingly false information about a crime committed against him by the victim, was guided by the intention to cause harm to the victim , accusing the latter of committing a crime that he did not commit. Thus, the convict abused his rights.
The court also noted that citizens have the right to contact the police, including reporting a crime, but requests must be dictated by intentions to fulfill their civic duty or protect rights and legitimate interests, and not by intentions to cause harm to another person, that is, to abuse rights. According to this verdict, a fine of fifty thousand rubles was imposed.
I hope the issues of slander have now become clearer. If you need legal advice or protection of interests, then contact me in any way or write your question in the comments.
Slander. The Criminal Code is silent
First of all, our hand will automatically reach out to the Criminal Code of the Russian Federation. There, in the understanding of the offended person, the most severe punishment for the slanderer should have been contained.
And indeed, literally until the end of 2011, the corresponding article (129th) in the Criminal Code was contained and threatened the violator of the law with a possible fine of up to 80 thousand rubles, as well as compulsory or correctional labor.
In the same case, if the slander was associated with an accusation of committing a serious or especially serious crime (“poisoned his wife to get money”), the fine was increased to a possible 300 thousand rubles or even imprisonment for up to 3 (three) years.
A compelling argument to think about taking responsibility for your words.
However, Federal Law No. 420-FZ of December 7, 2011, as part of the declared humanization of criminal legislation, excluded Article 129 from the Criminal Code of the Russian Federation. In its place, administrative liability was introduced. Well, let's open the necessary code.
