What is libel and how can you be punished for libel?

In everyday life, you may encounter a situation where some people spread false information about other people that discredits their reputation, honor and dignity.

Most often, slander goes unpunished, so it is useful to know how to bring someone to justice for it and what the consequences may be.

What are the signs of slander?

Criminal Code of the Russian Federation Article 128.1. Slander

1. Slander, that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, is punishable by a fine in the amount of up to 500,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a period of up to 160 hours.

In order to bring a person to criminal liability, the first step is to establish the fact that the knowingly false information disseminated by him is precisely slander.

For example, if one citizen calls another a drug addict or a girl is called a prostitute, then the person distributing such information should know that the slandered person has never been registered as a drug addict and has not been prosecuted for drug use, and the girl has never been prosecuted under Art. 6.11 Code of Administrative Offenses for prostitution.

If the slanderer was mistaken or learned defamatory information from other persons, then in this case there is no corpus delicti, since the falsity must be known.

In addition, false information that discredits the honor, dignity and reputation of another person must be specific and not abstract. For example, the phrase “bad, tasteless apples” cannot be a basis for a farmer-entrepreneur, whose sales of these apples may suffer, to attract someone under Art. 128.1. Criminal Code of the Russian Federation.

Good name at risk

Checks showed that not a single fact of corruption was confirmed in statements addressed to the police superiors. And when the checks were completed, the law enforcement officer who had experienced unpleasant moments went to court to defend his good name. And the seemingly simple case had to reach a high court. The Supreme Court reviewed the results of this civil case and clarified when such slanderous statements are considered to discredit an honest name, and when they are considered to be the civil rights of any Russian and the fight against corruption.

So, the plaintiff, the head of the district police, brought a claim to the court for the protection of honor, dignity and business reputation. The policeman asked the court to declare the information disseminated by the applicant in his letters untrue. And he also asked to oblige the defendant to write a refutation to his superiors and representatives of the Investigative Committee who dealt with the complaints.

The district court refused the policeman's request. The Judicial Collegium for Civil Cases of the Krasnodar Regional Court overturned this decision and adopted another. The appeal found the information that the applicant provided in his letters to be untrue and defamatory of honor, dignity and business reputation. The losing police officer appealed to the Supreme Court.

The plaintiff must prove the fact of dissemination of defamatory information. Defendant - that the information is true

The vigilant citizen sent the first and second statements to the chief of the regional police within a few days of each other. The statements cited a long list of crimes of the local police chief - he appoints subordinates to good positions for money, imposes tribute on all subordinates, and selects “convenient” employees for good positions, and in addition to this, he also steals plots of land in the district. In general, the applicant showed a surprising knowledge of the secret life of the local police. The complaints were checked by the Internal Security Service of the regional headquarters of the Ministry of Internal Affairs. The facts have not been confirmed.

The district court, rejecting the police officer, wrote that he “did not provide evidence that the defendant wanted to harm him, that is, he abused his right.” The regional court, having overturned the refusal, on the contrary, came to the conclusion that the applications sent by the defendant contained “negative information that detracts from the honor, dignity and business reputation of the plaintiff.” And this information “did not indicate the plaintiff’s intention to fulfill his civic duty.” The letters were sent “solely with the intent to cause harm to another person.” That is, the citizen abused his right.

This is what this dispute looks like through the eyes of the Supreme Court of the Russian Federation. The court recalled Article 152 of the Civil Code, which states that a person can demand a refutation of information discrediting him if the distributor does not prove that it is true. Then the Supreme Court pointed to its plenum, which discussed claims for the protection of honor and dignity (N3 of February 24, 2005). At the plenum, the following was said - the circumstances relevant to the case are: the fact of dissemination of information by the defendant and the defamatory nature of this information and the inconsistency of its reality. In the absence of at least one of these circumstances, the claim cannot be satisfied by the court. Information about facts and events that did not take place in reality is called untrue. Defamatory information is information containing allegations that a citizen or legal entity has violated the law, committed a dishonest act, incorrect, unethical behavior in personal, public or political life, dishonesty in business, etc. At the plenum they were reminded that the responsibility to prove the accuracy of the disseminated information lies with the defendant. The plaintiff is required to prove only the fact of dissemination of information by the person against whom the claim is brought, and the defamatory nature of this information.

But there is another “side of the coin”. In accordance with the Convention for the Protection of Human Rights and our Constitution, which guarantees freedom of speech, the position of the European Court of Human Rights, when considering defamation cases, courts should distinguish between two things. This is a statement of facts, the correspondence of which can be verified, and value judgments, opinions or beliefs that are not the subject of judicial protection under Article 152 of the Civil Code. Judgments, being “an expression of the subjective opinion and views of the defendant, cannot be verified as true.”

In our case, the Supreme Court said, the local court had to determine whether the letter writer's statements constituted a value judgment, opinion or belief of the author. The plaintiff had the burden of proving the fact of dissemination of information and its defamatory nature. And the responsibility of the defendant is whether these facts correspond to the reality.

The Supreme Court cited its plenum on the protection of honor and dignity. It said that if a citizen applies to the authorities with a statement and provides some information about an impending or alleged crime, but it is not confirmed, then writing a statement in itself cannot become the basis for bringing its author “to civil liability for 152nd article of the Civil Code." In this case, we are talking about “the exercise by a citizen of the right to appeal to authorities that are required by law to verify the information received by them.” Requirements for the protection of honor and dignity can be satisfied only in one case - if the court establishes that the application to the authorities had no basis and was dictated not by the intention to fulfill a civil duty, but solely by the intention to cause harm to another person, that is, there was an abuse of right .

In our case, the regional court, agreeing with the claim, “did not give reasons for which it came to such a conclusion, did not refer to the evidence available in the case, did not evaluate the complainant’s arguments that he wrote to test the professionalism of the policeman and did not wear intent to harm him." According to the Supreme Court, the appeal should reconsider the case.

Slander and insult

The concepts of slander and insult should also be distinguished:

Code of Administrative Offenses of the Russian Federation Article 5.61. Insult 1. Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form.

The following may be considered slander:

• false information about criminal or administrative offenses;

• dissemination of false information about unprofessional behavior;

• information about dishonest acts committed that do not fall under the Code of Administrative Offenses and the Criminal Code;

• spreading false rumors about the entrepreneur and the subject of his activities;

• false information about violation of ethical standards.

That is, to initiate a criminal case, the simultaneous presence of two factors is required:

1. Deliberate falsity of the information disseminated.

2. The information is aimed at disparaging the honor, dignity and reputation of another person, that is, the slanderer assumes and desires negative consequences for the slandered person.

Filing a libel report to the police

Everyone has the right to seek protection of their violated rights and file a complaint with the police. Since the application goes through several stages before the case is initiated, verification of the submitted application will take some time. Usually the police consider such applications within 10 days. After checking the application for the presence or absence of a crime, the case can either be initiated, or the case can be refused. As a result, a decision is made, with which the victim must be familiarized.

The application must be submitted at the place where the crime was committed. The victim has the right to file a claim in a district or magistrate court (depending on the amount of the claim) and, through civil proceedings, recover compensation for moral damage. The claim must be filed according to the rules of civil procedure, namely at the location of the defendant.

Before filing a complaint with the police or prosecutor's office, the victim must collect all possible evidence of illegal actions committed against him. Such evidence may be:

SMS messages, audio recording of calls.
Various screenshots.
Evidence of witnesses.
Written materials (statements, announcements, etc.).

Sample statement of slander to the police

A statement is submitted to the police when all evidence of guilt has been collected and the personal information of the accused has been established. The main task at this stage is to write the application correctly.

The police report must include:

In the upper left corner the name of whom the application is being written is indicated. As a rule, the application is written to the head of the police department; The police department, the name of the head of the department, and the address of the department are indicated.
The name, date of birth and place of residence of the victim are indicated.
It is advisable to also provide information about the accused.
The main part of the application should describe the current situation in detail, it is necessary to state exactly how your rights were violated and how the situation humiliates your dignity and affects your reputation.
Next, you need to list all the requirements that are presented to the defendant.
It is also necessary to provide any evidence of defamation. This may be physical evidence or other facts confirming the crime committed.
At the end there is a date, signature and its explanation.

There is no single template for such an application, since the structure depends on the body to which the application will be submitted: court, police or prosecutor's office.

Sample statement to the police:

To the head of the police department______________

___________________G. St. Petersburg

Police Colonel _________ (full name)

from _________________,

residing at ____________, st.________, tel.______

E-mail address: ______________

STATEMENT

I ask you to bring __________, I don’t know the full details, who lives in _______________, the apartment number and telephone number are unknown to me, to criminal liability under Part 2 of Art. 128.1 of the Criminal Code of the Russian Federation.

The circumstances of what happened are as follows. ___________ spread rumors in the newspaper about me committing a crime, namely receiving a bribe in the amount of 1 million rubles and was allegedly convicted for this. At the same time, this information is false, since I have never been convicted (I attach a certificate). Be sure to indicate what consequences occurred after the described actions. These actions_________. humiliated my dignity and defamed my name. I was forced to prove to all my friends that the above information was false and show a certificate.

I ask you to interview ___________, who lives in _____________, based on the circumstances I have written. In addition, I am attaching screenshots of all pages of the Novaya Zarya newspaper.

Based on the above, guided by art. 128.1 of the Criminal Code of the Russian Federation, I ASK: Bring ______________ to criminal liability under Part 2 of Art. 128.1 of the Criminal Code of the Russian Federation, and also impose a fine in the amount of 50,000 rubles.

______________., date, signature.

How to sue for libel

To bring someone to justice, it is enough to file a complaint with one of the authorities, including the court. There are several points that regulate this procedure. First of all, you will need to make a correct and complete application, as well as have strong evidence on hand. Otherwise, the case will be immediately closed or not initiated due to lack of grounds.

Where to contact

To bring a person who knowingly disseminated false information causing harm to justice, it is recommended to file a corresponding complaint with the police.
After the initiation of a criminal case, a trial begins, following which all materials are submitted to the court. At the same time as contacting the police, you can file a claim for libel in the magistrate's court. In this case, all evidence of the person’s guilt must be attached to the claim. Otherwise, the claim will be rejected.

Important! The statute of limitations for claims for such violations is 2 years. If this deadline was missed, then it will be impossible to bring the guilty person to justice.

How to prove libel

Current legislation establishes that not all types of incorrect content qualify as libel. To hold a person accountable, two requirements must be met simultaneously:

false information was made public, for example, disseminated in the media;
the data harmed the dignity, honor and reputation of a person.

Any person over the age of 16 who provided incorrect information may be charged. To find a person guilty, it is necessary to prove that:

the accused knew in advance that the information he had was false. If the data was obtained from third parties or is a person’s personal assumptions, then no punishment will follow;
the citizen assumed (knew) that the publication of information with incorrect content would harm the person’s reputation or economic status;
the actions of the perpetrator resulted in negative consequences for the victim.

Qualifying a violation as a crime is only possible if false data was disseminated among many people, for example, by:

oral transmission of data;
speaking at official events;
Media, including the Internet, television, radio, newspapers and other printed publications;
assigning false negative characteristics to a person.

Important! False information can be expressed both in the presence of a person and in his ignorance. This fact will not influence the court's decisions.

Collection of evidence

The collection of evidence must be taken with special responsibility, since without confirmation of the fact of a violation it will be impossible to bring a person to criminal responsibility.
The evidence base can be built on the basis of:

video and audio materials;
screenshots of correspondence on social networks;
correspondence via SMS messages;
paper media containing false information published by the accused;
testimony of witnesses.

It is most difficult to prove a person’s guilt if false data was published online, since identifying the original sender is not always possible.

Drawing up an application

When drawing up an application, you need to be extremely careful, since if there are errors, inaccuracies, typos, omissions or unreliable data, it may not be accepted. In this connection, you will need to fill out the application again, which will lead to a lot of time.

Read also: How to evict tenants who do not pay?

It is also worth considering that the type of application may differ depending on the authority to which it will be submitted.

Reporting libel to the police

The injured person can file a police report to punish the culprit.
To do this, you will need to personally contact the nearest territorial office. The application is drawn up under the supervision of a police officer, which reduces the risk of filling out the document incorrectly. So it should contain information about:

the locality of the police department and the full name of its head, in whose name the application is being submitted;
Full name, registration and residence address, contact phone number, passport details of the applicant;
fact of violation. The paragraph must contain precise information about the date and method of dissemination of false data. You will also need to indicate what data was published and what consequences it led to. It is allowed to indicate personal experiences experienced due to the violation committed by the culprit. If the victim knows information about the person disseminating false information, then this must also be indicated;
a request to conduct an investigation into this application and initiate a criminal case.

At the end of the document, the date of application and the signature of the applicant must be indicated.

Important! Police officers must warn a person in writing about possible punishment for false denunciation. This information may already be included in the text.

Libel claim in court

Filing a claim can be carried out simultaneously with contacting the police. This document must contain information about:

name of the court;
applicant (full name, passport details, residential address and registration);
the guilty person (defendant) or group of persons;
the exact place, time and circumstances under which the offense was committed;
containing deliberately false information;
the method of transferring data from the defendant to third parties;
evidence;
a request to bring a person to justice with reference to the relevant articles of the Criminal Code of Russia.

The text may also contain a request for compensation for moral damage. To do this, you will need to attach medical certificates to the claim, which will prove the deterioration of your health due to emotional stress.

When filing a claim, in addition to the evidence base, you will need to attach a receipt for payment of the state fee. The claim is considered within 30 days.

Statement of slander to the prosecutor's office

The injured citizen can file an application with the prosecutor's office. Often its employees act as prosecutors during court hearings. The document itself must provide information about:

the name of the prosecutor's office, as well as the full name and class rank of the prosecutor in whose name the application is being submitted;
Full name, registration and residence address, contact telephone number of the applicant;
date and source from which the information was obtained. If you have information about the accused, you must indicate it. This paragraph should also indicate exactly what false data was provided and what they led to;
availability of evidence confirming the fact of distribution;
infliction of moral or physical suffering, confirmed by medical documents, by publishing unconfirmed data;
request to bring the perpetrator to justice.

Types of slander

The degree of punishment to which the guilty person will be subjected depends on the type of violation. Current legislation determines that libel can be presented in the form of:

the usual dissemination of deliberately incorrect information about a third party, which discredited his honor or led to damage to his reputation;
providing such information during a public speech, demonstration of a work or in the media;
dissemination of false data using official authority;
publishing false information about a person having a disease that could cause harm to others;
falsely accusing a person of crimes of a sexual nature;
dissemination of false information that a person has committed a serious or especially serious crime.

Read also: Land Code of the Russian Federation in 2021

Regardless of the type of violation, in order to bring a person to justice it is necessary to collect all the evidence of his involvement in this type of offense.

If during the proceedings it is revealed that the person believed in the veracity of the materials he published, the charges may be dropped.

Alternative option: application to the magistrate

Often citizens, for various reasons, are frightened by the need to contact the police. In the case under consideration, an alternative option is possible: file a claim for protection from defamation to a magistrate. A sample application must be available at the court office.

Process details:

The case will be considered if the victim reliably knows the slanderer, his identity, and residential address, since the magistrate’s court does not take action to identify and search for suspects, but decides, on the basis of the data provided, which of the disputing parties is right.
The applicant needs to be prepared to convincingly prove with the help of facts the guilt of the slanderer and the moral and material damage caused by him. This is not such a simple task as it seems at first glance, so the help of a qualified lawyer will be useful.
It is possible to reconcile the disputants on terms that suit everyone. It is important to reach an “amicable” resolution of the conflict before the judge leaves to make a final decision.

Attention: the advisability of going to the magistrate’s court must be considered in advance.

What to do if you are accused of theft?

Many people get lost in such a situation - especially decent people for whom an honest name is valuable. Citizens are trying to prove that they are innocent. Each case is individual, events may be different. That is why we recommend not to try to prove innocence on your own, but to enlist the support of a competent lawyer.

Filed a complaint about money theft

The most important rule in such a situation is not to panic and stick to your line.

Rules for communicating with the police:

if you have a lawyer, ask him to come urgently; if he cannot do this, get a consultation remotely;
do not talk to the police until a defense lawyer appears;
behave correctly and confidently, listen to all the evidence and accusations. Pressure, as a rule, is applied only if there is no evidence of guilt;
do not respond to offers to return money. If you give them back, it will be an indirect confirmation of guilt.

In order for the court to impose a punishment, evidence is needed. These include:

documentation;
video recordings;
audio recordings.

If there are none, according to the law, prosecution is impossible. But as experience shows, people often encounter prejudice and incorrect actions by the police. In this case, it is best to enlist the support of a lawyer who will help you prove your non-involvement in the accusation.

During the investigation it is necessary:

stick to one line of defense and insist on the falsity of the accusations;
if there are witnesses who confirm that you are right (the more evidence in your favor, the better), tell the inquiry officer (investigator) about this;
apply for recordings from cameras installed at the place of the alleged theft, and at the place where you were at that time.

Note!
All written requests must be sent by postal mail or delivered in person. In the second case, ask for a receipt stamp on your copy. All unfounded refusals should be appealed to the prosecutor's office or a lawsuit should be filed.

For your own protection, you can write a statement about intentional accusations (according to Article 306 of the Criminal Code of the Russian Federation). The punishment for such an offense is quite serious.

Unpleasant situation in the store

Supermarket security is responsible for maintaining order in the store and preventing possible theft. Any buyer may find himself in a situation where a person is groundlessly accused of theft by a security guard who wants to earn an additional bonus.

Employees usually demand to see the contents of pockets and bags. This is illegal. The security guard can only detain the citizen until the police arrive.

Linguistic expertise

Each person perceives the categories “honor” and “dignity” in a unique way.
What is insulting and humiliating for one is a matter of course for another. To exclude value disputes between the victim and the suspect (accused), a linguistic examination is appointed. Any of the parties may apply for its conduct, or the person conducting the investigation may make a decision on his own initiative. The expert solves several problems, including:

explains the meaning of words and phrases in different senses and interpretation in a specific context;
studies a fragment of text and reveals its focus and expressiveness;
analyzes stylistic devices;
resolves the issue of the nature of the outgoing information: statement, opinion, reflection;
determines the relationship between the nature of statements and a specific person.

The expert's opinion is an important argument that cannot be neglected.

Actions in case of accusation

If you are the victim of a libel accusation that you did not commit, you should immediately contact the accuser directly. It is possible that both of you were victims of a misunderstanding, and therefore can avoid the need to go to court.

But if the prosecutor refuses to take back his words and continues to insist on your guilt, there is nothing left but to begin preparing for the trial. So, the applicant will need to take care of collecting:

Evidence supporting the dissemination of false information: photographs, audio and video recordings, witness statements, links to articles and media publications, etc.;
Materials confirming the falsity and harmfulness of the disseminated information;
Documentation that confirms the nature of awareness, premeditation, intentionality of the actions of the accused person.

As for the person accused of spreading false information, he will need to prepare:

Original video or audio recordings from a public speech in which, according to the statement of the victim of libel, he reproduced false accusations in front of the public;
If a person is facing an accusation in which he allegedly used his official position, then he will need to take care of collecting materials, confirming each of them with the appropriate legislative reference;
Witness testimony, audio or video recordings confirming the spread of false information by third parties.

If in the end it turns out that the charge of libel is fabricated, i.e. is false, the person who originally reported it will be prosecuted under Article 128.1 of the Criminal Code of the Russian Federation.

To do this, the accused party will initially need to file a counterclaim. It would also be a good idea to involve an experienced lawyer in the case, who will assist not only at the stage of preparing materials for the court, but will also accompany you at all stages of the trial.