One of the ways in which defamatory information about a person is disseminated is through the use of the media and the Internet. Liability for libel on the Internet is provided for in Article 128.1 of the Criminal Code. The basis for bringing the guilty person to justice is the dissemination of false information about a person that hurt his dignity and honor. In addition, the identity of the victim must be discredited in the eyes of other people.
What does “slander” mean on the Internet?
When information that does not correspond to reality is disseminated on the global network or on the pages of the media, this is understood as slander. Sources of false information may be:
- radio broadcasts;
- TV shows;
- printed publications;
- documentary programs.
The information disseminated varies greatly. The perpetrator can report on the character of the victim, his personal qualities, religious or political views, etc. A mandatory feature of slander, as a criminal act, is its communication to a third party or an indefinite circle of people.
In the case where such information was communicated only to the person affected, this cannot be considered as distribution. At the same time, it is imperative to take into account that the distributor takes all necessary measures to keep such information secret.
Opinion or defamatory information?
Wording is of great importance. If the person who is defaming your name uses careful wording (the words “perhaps,” “probably,” “it seems to me”), he always has the opportunity to say that this is his private opinion, which cannot be a judicial issue. Of course, what exactly they say is also important. For example, if a user expresses a personal opinion about you, this cannot be a basis for demanding that this information be retracted. But if he accuses you of fraud, this is easy to check and confirm or refute. If the offender lied, he will have to answer for his words according to the law.
What could be defamatory or untrue information?
Untrue information
– statements about facts or events that did not take place in reality at the time to which the disputed information relates.
Defamatory information
– those information that contain allegations of a violation by a citizen or legal entity of the current legislation, the commission of a dishonest act, incorrect, unethical behavior in personal, public or political life, dishonesty in the implementation of production, economic and entrepreneurial activities, violation of business ethics or business customs, that belittle the honor, dignity of a citizen or the business reputation of a citizen or legal entity.
The key points are:
- The fact of dissemination of information.
- Defamatory nature of the information.
- Their inconsistency with reality.
Distinctive features of the act
The consequences that arise as a result of the dissemination of slanderous information have a wide public resonance, as the masses discuss the information received, and a person’s reputation is undermined.
It is worth noting that slander that is spread through the media is quite difficult to prove. This is due to the fact that the information is prepared in such a way as to avoid the possibility of challenge in a judicial body.
Publications, as a rule, have the nature of an order, so they include provisions that reduce the likelihood of distinguishing false information from true information.
Attention! The media have the right not to indicate the source from which the information was obtained, leaving it anonymous.
How can I get compensation?
There are two possibilities for receiving compensation:
- judicially;
- in a pre-trial manner.
It is quite easy to obtain compensation in court. To do this, it is necessary to collect a full range of evidence confirming the presence of moral or material harm.
In the future, the collection of compensation after the court has made a decision is carried out by bailiffs - executors.
In pre-trial proceedings, the likelihood of collecting compensation is minimal . This can only happen in a situation where a specific organization engaged in the dissemination of mass information has independently admitted its mistake and is ready to compensate for the damage.
If information about a minor is disseminated
When spreading slander against persons under eighteen years of age, the Internet is most often used.
The cause of the spread may be conflict between teenagers. In practice, there are rarely cases when adults spread slander against minors. Depending on who committed the act, the procedure for bringing to justice depends on:
- If a person has reached 18 years of age, then the Criminal or Administrative Codes apply.
- When the perpetrator is under 16 years of age, he cannot be held liable for libel.
Where can defamatory information be located and who is responsible?
Defamatory and unreliable information on the Internet can be posted on the following sites:
- MASS MEDIA.
- Blogs (text or video blogs).
- Social media.
- Sites created specifically for discrediting or existing for other reasons.
- Review sites.
Responsibility for published (or broadcast) information most often lies either directly with the user who does it, or with the owner of the resource on which this information was made public.
Punishment
Liability for libel is provided for in Article 128.1 of the Criminal Code of the Russian Federation.
The culprit faces a fine of up to 500 thousand rubles or compulsory labor for up to 160 hours. If the slander was contained in a public speech or in the media or was publicly demonstrated, the fine increases to 1 million rubles. Compulsory work applies for up to 240 hours. If your official position was used during distribution, the fine is 2 million, and compulsory work is 360 hours. If information is disseminated that a person suffers from a disease that is dangerous to others, or that a person has committed a crime of a sexual nature, he is punishable by fines of up to 3 million or compulsory labor for up to 480 hours.
The most severe punishment is applied in the case of dissemination of information about the commission of a serious or especially serious crime. The culprit is punishable by a fine of up to 5 million rubles or compulsory labor of up to 480 hours.
Download for viewing and printing:
Article 128.1 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)
Prosecution
A situation may arise when the law does not provide for the possibility of bringing to justice the resource where false information was posted.
In this case, questions regarding the falsity or legality of the information presented are resolved by contacting the resource administrator. When the portal administration refuses to make changes to previously published material, the victim has the right to send a statement of claim to bring the perpetrator to punishment to a judicial authority. Difficulties may arise because, as a rule, the information is provided anonymously. Problems also arise regarding the collection of evidence.
Advice! Lawyers advise that you first send a counter publication where false information was previously posted.
How does attraction happen?
According to the general rule, an application for libel is filed in the magistrate's court. This is due to the fact that this category of cases refers to cases of private prosecution. The application is considered by the judge of the district where the incident occurred. The applicant has the right to apply directly to the judicial authority, bypassing other authorities, and put forward an initiative aimed at bringing to justice the person who insulted the victim.
Nuances
The difficulties that victims in this category of cases may encounter are related to the difficulty of solving them.
Judicial practice in situations where an editor is found guilty is minimal. Victims, first of all, when this crime is committed against them, strive to protect their rights that were violated, regain their good name and restore authority among colleagues, and regain the favor of loved ones and relatives.
Criminal proceedings
This category of cases is initiated as a private prosecution.
In this case, the appeal is sent to the magistrate's court. The victim needs to prepare a base that will be of an evidentiary nature. It is possible to conduct the following examinations within the framework of the case:
- linguistic;
- psychological and linguistic.
The examination can only be entrusted to those specialists who have been certified by the Chamber of Forensic Experts. It is worth noting that a commission is created that conducts an examination; one expert cannot do this.
The criteria by which the expert is provided with information about the crime:
- the presence of negative information regarding the victim;
- in what form the false information is expressed: assessment or statement;
- whether the slander applies to the one who spread it.
The conclusion made by the experts will be used as the basis for the verdict, as well as the testimony of eyewitnesses and the opinion of the victim.
Case investigation, evidence
Representatives of a special police department called “K” control criminal activity on the Internet.
Cases of libel spread on the Internet and the media are quite difficult to investigate. During the investigation, actions are taken to find evidence. When guilt is proven, a letter is sent to the management of the portal where the false information is posted, outlining the requirements for blocking the account of the person who provided this information. When a judge has established the fact of slander, the editor or administrator must remove the defamatory information from the resource.
The following is considered as evidence:
- materials that are in written form;
- evidence that the information disseminated is false;
- screenshots of pages that were distributed on the Internet;
- witness statements.
Criteria for the dangers of fake news
A very important component of the regulated sphere is the definition of criteria for the danger of fakes. This function has been transferred to the leadership of the supervisory agency based on the news agenda and the nature of events around which waves of fake news may arise with possible grave consequences.
The criteria for the danger caused by fake news will be determined by the leadership of the supervisory agency “based on the news agenda and the nature of the events around which waves of fake news may arise with possible grave consequences,” said the Chairman of the Committee.
As an example, during the discussion of the bill, parliamentarians, in particular, cited the situation in Kemerovo in March last year, when after the tragedy in the Winter Cherry shopping center, false information about the number of fire victims began to be massively disseminated, which caused panic among citizens.
What to do if you are slandered
Initially, the victim needs to photograph, scan or otherwise preserve evidence that the defamatory information was disseminated. Then a statement is filed with the police or the magistrate's court. Available evidence is attached to it.
Contacting the police
Protecting one's dignity may involve filing a complaint with law enforcement agencies, including the police.
It is recommended to submit such a report when the attacker is not known to the victim. The police conduct an investigation aimed at identifying the culprit and after that the material is transferred for consideration to the magistrate's court. If these signs are present, a criminal case is initiated, during which the authorized person must prove the fact of committing an unlawful act.
After completing the preliminary investigation stage, the case is transferred to the court, where the perpetrator is sentenced.
Slander on YouTube
When a person finds out that false information about him is presented on the YouTube portal, he has the right to apply to a judicial authority with a claim for infringement of dignity and honor.
If the court makes a positive decision, the victim contacts the site administration with demands to remove the posted information. The claim may include claims addressed to the person who disseminated false information.
Attention! When the guilt of the person who disseminated the information is proven, the relevant information is sent to the site administration to block the account or account of the culprit.
Is it possible to remove slander on Yandex
The law stipulates that it is impossible to hold a website responsible for publishing false information.
Removing false information from search programs is quite difficult and sometimes even impossible. Yandex initially warns its users that it is not responsible for the content and quality of the information presented on the site.
Will it be possible to block “someone else’s” website?
In order to block a site where false information is disseminated, you need to file a claim with a judicial authority.
Blocking a site will be easier than publishing a refutation of previously posted slander. You need to contact the district court, drawing up a statement detailing the situation that has arisen. It is also necessary to collect evidence.
Attention! You need to go to court at the place where the resource is registered. If such information is not available, the application is submitted at the place of registration of the plaintiff.
Mechanism for restricting access to fakes
Access to fake resources is limited in accordance with the provisions of 15.1.1 of Law No. 149-FZ, “On information, information technologies and information protection”
In particular, according to Art. 15.1.1 of Law No. 149-FZ, the Prosecutor General or his deputies, if unreliable and socially dangerous information is found in an online publication, contact Roskomnadzor with a request to take measures to limit access to information resources disseminating such information.
Roskomnadzor sends the management of the editorial office of the online publication a request for the immediate removal of fake information. In case of non-compliance, Roskomnadzor sends instructions to telecom operators via the interaction system to take measures to restrict access to the network resource.
If the owner of an information resource has deleted information disseminated in violation of the law, he sends a notification about this to Roskomnadzor, which, after checking the accuracy of this notification, immediately informs the telecom operator about the restoration of access to the information resource.
At the same time, as Leonid Levin added, an amendment was made to the bill for the second reading, removing news aggregators from blocking procedures, in particular, taking into account the fact that their obligation to counter fake news is already enshrined in the current law.
