Insulting a person, including on social networks, what is the responsibility in 2021

Disputes often arise about whether a person can be held accountable for insult. These actions provide for both criminal and administrative liability. What exactly will be considered an insult, and what sanctions the legislation provides for this are the most common nuances of interest to citizens.

What is considered personal insult

Personal insult is the deliberate humiliation of the honor and dignity of another person. It is important that it be expressed in an indecent aspect. The offense of personal insult covers not only verbally expressed swear words, but also certain actions and written statements.

We all react to spoken words in different ways. Some people will ignore what is said and not attach any importance to what is said, while others will be offended by even a harmless remark.

It is worth distinguishing between the presentation and the essence of the information heard, since not all phrases will be punishable by law.

Even if a participant in a conversation allowed himself to raise his tone, but did not express phrases prohibited by censorship, an attempt to prosecute him for such behavior is unlikely to be successful. The interlocutor simply shared his personal opinion, albeit a little rudely.

But if the interlocutor’s expressions were aimed specifically at a person and contained profanity, thereby humiliating the feelings of a citizen, then such a presentation of emotions can be considered an insult.

Example No. 1: a neighbor spoke as follows: “Listen to me, idiot, I’m tired of listening to the screams of your degenerates, I have to work in the morning, shut up yourself and shut them up.” There are expressions here that are rude and indecent, so the phrase is fully liable for insult to personality.

Example No. 2: This also includes a phrase from a boss to his subordinate: “You idiot, if you’re late for work again, I’ll throw you out like a puppy, who will need you, poor thing?”

In both cases, deliberate humiliation and insult of another person is clearly visible, therefore, if desired, the authors of these phrases can be punished in accordance with the legislation of the Russian Federation, as well as with the help of the court to demand compensation for moral damage.

IMPORTANT, pay attention!

Since 2011, the old Article 130 of the Criminal Code of the Russian Federation on insult to personality has been deleted. At the moment, in 2021, punishment is carried out only according to the Code of Administrative Offenses of the Russian Federation. However, criminal liability may arise for insulting government officials and military personnel. This is Art. 319 and 336 of the Criminal Code of the Russian Federation.

What is the punishment for insulting a person?

According to the law, any person who humiliates and insults another person can be held accountable.

If previously all citizens who expressed obscene insults against any person were subject to criminal liability, now in 2021 such a measure of punishment remains only for persons who insulted a military man or one of the government representatives.

Insulting an ordinary citizen will be considered within the framework of an administrative offense, namely under Article 5.61 of the Code of Administrative Offences. Responsibility may vary depending on the object of the insult.

Thus, there are three different articles that provide for certain measures in the presence of insults:

1. Articles 319 and 336 of the Criminal Code of the Russian Federation (Criminal Law);

• Expressing offensive language towards a law enforcement officer, if he is currently performing his official duties and this happens in public, is regulated by Article 319 of the Criminal Code of the Russian Federation. The violator will face corrective or compulsory labor or a fine.
• Military disputes due to insults to management by employees, by the superior of his subordinate, as well as by one serviceman towards another, are subject to liability under Art. 336 of the Criminal Code of the Russian Federation and are punished by restrictions on service or placement in a disciplinary military unit.

2. Article 5.61 of the Code of Administrative Offenses (Administrative Law).

• Administrative Article 5.61 of the Code of Administrative Offenses of the Russian Federation explains all types of liability for insults to citizens who do not hold public office. Measures taken by the state in relation to such violators are expressed in the form of fines of various sizes. Part 3 of Article 5.61 of the Code of Administrative Offenses also states that punishment is provided not only if there is a fact of public insult, but also in the absence of measures to prevent it.

3. You can add several more articles to this list:

• Article 128.1 of the Criminal Code of the Russian Federation “Slander”;
• Art. 282 of the Criminal Code of the Russian Federation and Art. 20.3.1 Code of Administrative Offenses of the Russian Federation Incitement to hatred or enmity, as well as humiliation of human dignity.

Let’s not forget that Criminal Article 130 of the Criminal Code of the Russian Federation no longer applies and has been completely abolished.

What liability awaits the violator?

An offender can be held accountable only if he has reached the legal age and was sane at the time of committing the offense.

If he is recognized as the subject of an offense, then for such an act he can be brought to:

1. Administrative responsibility.
2. Civil liability.
3. Criminal liability.

The type of punishment depends on the objective side of the offense.

Administrative responsibility

For a “simple” insult that was committed against a civilian, the offender is brought to administrative responsibility (5.61 Code of Administrative Offenses of the Russian Federation) . A preventive measure is a fine, the amount of which depends on the type of entity (individual or legal entity) and the nature of the violation. So the minimum fine for an individual is 1,000 rubles , and the maximum is 3,000 rubles . If this is an official, then the fine is from 10 to 30 thousand rubles . For an organization – from 50 to 100 thousand rubles. If the insult was committed with the help of the media, then a fine is imposed on the head of the organization through which the information was disseminated.

Important!

Also, do not forget that the victim has the right to file a civil lawsuit against the person who insulted him and make a claim for compensation for moral damage

Let's summarize the penalties:

• Individual – from 1 to 3 thousand rubles
• Official - from 10 to 30 thousand rubles
• Legal entity - from 50 to 100 thousand rubles

Criminal liability

If an unlawful act was committed against a civil servant at the time he was fulfilling his official obligations, then the offender will be brought to criminal liability (336 of the Criminal Code of the Russian Federation) . For insulting a person, a fine is imposed ( up to 40,000 rubles ) or correctional labor is imposed for up to 1 year.

And in addition to this, the victim can also recover from the violator the moral damage that he suffered as a result of humiliation.

The violator can be brought to two types of liability at once : administrative (criminal) and civil.

In order for a person to be punished, the victim must file a complaint with the relevant authorities: the police, the prosecutor's office or the court. Since the elements of this offense relate to a private type of accusation and without a statement the case is not considered, even if the insult was public.

Interesting!

At the moment, a proposal has been made aimed at tightening sanctions for insult (they will immediately increase several times)

Sanctions for insult

Punishment under the Criminal Code of the Russian Federation

Art. 319 of the Criminal Code of the Russian Federation is an insult to a representative of the authorities. There is no provision for imprisonment for her. But there are 3 other types of sanctions:

• a fine in the amount of 40 thousand rubles or any income of the convicted person for a period of 3 months;
• correctional labor for a period of up to 12 months;
• compulsory work for 360 hours.

Art. 336 of the Criminal Code of the Russian Federation - insult to a military personnel. If one serviceman inflicts an insult on another while performing official duties, then the punishment is provided in the form of a restriction on military service for a period of up to six months, as well as being in a disciplinary unit for this period (only one of these punishments is applied).

If offensive actions and words were uttered by a boss to a subordinate or vice versa, then the sanctions are already increased for up to a year.

Sanctions under the Code of Administrative Offenses of the Russian Federation

According to the Administrative Code, the fact of insulting a person is actions to humiliate the honor and dignity of any person, which are manifested in the form of indecent expressions, gestures, etc. For such actions the following is provided:

• fine for individuals - the amount is 1,000 - 3,000 rubles, for citizens with official responsibilities the amount is already different - from 10,000 to 30,000, and for organizations and other legal entities the sanctions are 50,000 -100,000 rubles;
• if the offense is completely public, in public or in the media, the fine increases: for ordinary citizens from 3,000 to 5,000 rubles, officials will pay from 30,000 to 50,000 rubles, and legal entities from 100,000 to 500,000 rubles.

There is also a punishment for persons who could have prevented the insult, but did not and other people saw the insult in large numbers. This is relevant for the media. Such a violation is punishable by a fine for officials from 10,000 to 30,000, and legal entities will pay 30,000 - 50,000 thousand rubles.

When is criminal punishment applied, and when only administrative?

Currently, most violations against citizens are considered and punished under the Administrative Code. Those citizens who allow indecent statements addressed to other people can be punished under this article. This is quite enough to get a fine under the Code of Administrative Offenses of the Russian Federation.

Citizens can be held criminally liable only if they insult a police officer or other government official within the framework of Art. 319 of the Criminal Code of the Russian Federation.. In case of insulting a serviceman - Art. 336 of the Criminal Code of the Russian Federation. It is important that in both cases the victim must be in the performance of his official duties or the insult is related to his position.

This means that insulting a police officer with words unrelated to his work on his day off will be considered strictly according to the Administrative Code.

Difficulties in bringing to justice

It is often difficult to bring the offender to justice for several reasons:

• it is difficult to prove the fact of insult if there are no witnesses or the insults were uttered in private orally;
• often the insults are mutual and therefore the offender can write a counter statement;
• the Law does not provide a clear list and definition of words that can be considered an insult; this level is determined personally by the judge during the hearing;
• It is not always possible to determine that the insult is directed specifically at the applicant; for example, the offender could use obscene expressions to describe not a person, but the situation itself;
• the offender often retracts his words, especially if they were written to the victim in any chat.

If the insult is written on a website that is officially registered as a media outlet, and if this message does not indicate a specific name, then it is almost impossible to prove the very fact of insulting you.

IMPORTANT, pay attention!

During quarrels and showdowns, especially on the Internet, you should not stoop to responding to insults using the same method. Otherwise, all legal proceedings become useless.

How to punish a guilty person

Choosing the path to protect your reputation and the method of punishing the culprit depends on how you were insulted.

You need to establish the person itself.

The task is simplified when a person is registered under his own name.

If there is a pseudonym or another person writes from a specific person, then it is difficult to find the ends on your own. For these purposes, they contact law enforcement agencies with a statement of violation of rights. As a result of the investigation, the owner of the IP address where the bad information came from will be identified. If he does not prove that his resources were taken over by strangers, then he will be the guilty party.

If materials are published in Internet media, then the editor takes responsibility, since he dared to publish, although not his own words, but in his publication.

Parents are responsible for minors (in case of civil liability).

Criminal penalty

Criminal sanctions are the most severe of all types of punishment. Therefore, the violation under criminal law is the most gross and daring.

The Criminal Code provides for 4 articles for obscene behavior on social pages.

Hooliganism. This species is very rare. And this is associated with sharp disrespectful statements addressed to a certain person (group of persons). These obscenities are based on political racial, religious or social hostility. And they are expressed by rough comparisons, assumptions, guesses, statements or in the form of profanity. Or relevant images, video/sound materials.

Slander . Intentional transmission of false information on the Internet that undermines a person’s moral, moral, professional image. In other words, this is a slander that negatively affects the reputation of a citizen.

In this regard, a lie expressed to a person in personal correspondence will not be considered slander. That is, where there are no witnesses, when the dialogue is only between two persons.

Invasion of privacy . Here, a simple collection and broadcast of information entering the intimate space is enough. These are facts and events of a closed nature concerning personal and family secrets. That is, what a person hides from society, what is purely personal. Of course, if we are not talking about criminal secrets.

In this case, the offense is not related to knowingly false information. The information is true, the very fact of its disclosure to the public is illegal. After all, every person has the right to their secrets, and disclosing them can cause mental pain.

Humiliation of human dignity . Public behavior by a person that is intended to humiliate another person by belittling or ridiculing him on the basis of gender, nationality, social status or religious affiliation. And also with the aim of inciting hostility towards persons with the corresponding characteristics. A crime will occur when there has already been a fact of bringing to administrative responsibility for a similar offense under the administrative code.

Unlike hooliganism, when the consequences are not important to the offender (the act itself is what matters), with humiliation there is a specific goal - to cause mental wounds to a person (group of people), showing one’s contempt for gender, nation, religion, position, property status. And all this is considered an insult on the Internet under Article 282 of the Criminal Code of the Russian Federation.

How to protect yourself

First of all, the person from whom the negative comes from should clarify what he meant in his sayings. Perhaps there was some kind of subtext, or there was a technical, targeting or other situational error, a misunderstanding of the situation. Perhaps this citizen will apologize and clear up the misunderstanding.

If the circumstances clearly say that there are no “perhaps”, then you can act with confidence and certainty.

We need to collect evidence. That is, to record the fact of a violation, and not just unfoundedly state the essence of what happened to law enforcement officers. How to collect evidence was discussed above.

You can conduct your own small investigation: identify witnesses, other victims of the offender’s affairs, find out his motives, goals, etc.

Well, in order to punish the culprit, you should file a statement about the crime committed:

• to the police under articles 128.1 (slander) and 213 (hooliganism);
• to the investigative committee under articles 137 (interference with private life) and 282 (incitement of hostility).

Sometimes it is difficult to immediately understand what the crime will ultimately be and under what article for insulting a person on social media. networks will attract the offender. Therefore, it is recommended to submit an application in two copies at once: one to the investigative committee, the other to the police at the place of residence of the victim (applicant). Law enforcement officers will understand the situation and determine among themselves whose jurisdiction will be. If everything is obvious, then you need to submit it to a specific structure.

The application itself is written in free form. The main thing is to present the circumstances in detail, refer to the available evidence, which should be attached (for example, a printout of the WhatsApp correspondence, the part where there were unflattering statements, the names of persons who also received offensive messages from the culprit). If there are doubts about how to correctly qualify what has been done, then it is better not to indicate the article number of the criminal law, but simply limit yourself to the phrase “violation of the law,” “infringement of rights,” etc. This will save you from possible counter-accusation of a knowingly false denunciation.

The addresses of territorial police departments and the Investigative Committee can be found on the Internet. This information is open and easy to find.

Administrative

Administrative proceedings are not as serious as criminal proceedings. But their outcome may entail certain sanctions for the violator. And this is not just a fine for insulting people on social networks. There is also mandatory work and even arrest. And in general, administrative punishment in some cases is the first bell before initiating a criminal case.

Insult. That is, belittling a person’s honor in an indecent manner. Often this is ridicule of shortcomings, vices, character traits, life situations involving the victim, his family connections, and lifestyle. Mockery can be made of both real and fictitious things. The victim is hurt precisely by the form in which the offense is expressed: rude, unprincipled, including in the form of obscene language. And also the attitude of the offender towards the person of the offended: disrespect, cynicism, indifference, demonstration of his superiority, etc. The offender, as a rule, has a goal - to cause mental pain and moral distress.

Humiliation . Unlike the previous offense, issues of sexual, racial, religious, and social discrimination come into view. And in general, a rude person may have the intention of arousing hostile sentiments among the mass of people. If a person is prosecuted for this violation, then if the act is repeated, criminal liability will follow under Art. 282 of the Criminal Code of the Russian Federation.

Minor disorderly conduct . This is a disrespectful message to society, the state, the Constitution, the state. power, symbolism. Such criticism is naturally unfounded and undeserved. In this case, the author, instead of expressing his opinion, simply swears. As a result, such presentation of information belittles the dignity of society and its members. At the same time, there is no exact list of obscene language; it is established individually during the consideration of a specific case by law enforcement officers or a judge.

Where to contact

To protect your name and honor, you need to contact the police, the department at your place of residence. But before applying it is recommended:

• find out the identity of the culprit (if the person is familiar to you);
• make sure that what was done came from a specific person. Sometimes actions can be carried out by outsiders who, for example, have taken over someone else’s Facebook accounts. That is, they pretend to be someone else. To do this, you can ask to clarify who the author of such actions is and what his goal is. But be careful, this could be a scenario for scammers who want to steal funds on cards and the like.
• ask whether the offender has any intention of apologizing, making amends, or compensating for the inconvenience. Here, too, you need to be careful, because if you overdo it, your actions can be regarded as blackmail and turned against you.

Then basic evidence is collected so as not to be unfounded.

And then you can write a statement for insult on social networks, which, along with evidence, is handed over either to the police department or sent by mail.

The inspection must be carried out within 3 to 10 days. You will be notified of the results.

Civil responsibility

We can say that the mildest liability for insulting a person on social networks is civil liability. All sanctions come down to practically two consequences:

• stop further actions and eliminate the infringement of the interests of the injured party;
• compensate for losses, compensate for losses.

Most often, civil cases are filed in addition to criminal and administrative investigations. But is it possible to sue for insult on social networks without a police investigation? Yes, this is the discretion of the citizen. Sometimes one monetary compensation is enough. But there are cases when it is difficult to prove the committed acts in a civil court. Or the attacker is unknown and his identity needs to be established using special methods (which are not available to ordinary citizens). Then it is recommended to first contact the police (SC). The results of their checks will be good evidence for the claim.

Dissemination of defamatory information . Fictitious information that harms a person’s image, reputation, business and personal image. The form in which such information is submitted is not particularly important. Whether it is decent or not, rude or delicate, the slanderer’s speech contains obscenities or normative language, it makes no difference. It is the context that matters, that is, what stain will fall on a person, whether his characteristics will change for the worse. There are three points to consider here:

• the violator’s information is not true;
• the person (who is being slandered) allegedly violated the law or moral standards;
• it is presented in a serious sense that detracts from the status of the person.

But if what is said is true, there is no defense against it. There will be no punishment for public insult on social networks. Since this is not an insult, but an ordinary disclosure of information. Of course, if the informer does not present the information in an abusive (or other obscene) form, or this does not concern personal (family) secrets.

Privacy Data Protection . This means collecting information about a person (about his work, personal preferences, property, source of income, place of residence, birth, etc.). The exception is cases when data is obtained through the activities of law enforcement and regulatory authorities, or the person himself has made such information public.

Manipulations with photographs . Use on the Internet, for example, in the Viber messenger, an image in any format (photo, video) without the person’s consent. This question often arises among parents when photos of their children are published.

Naturally, if the image was taken in public places or the person himself gave permission to shoot, then there will be no violations.

What to do

If a person feels that he has been insulted, then his rights can be protected through legal action. To do this, you need to contact the district/city court at the place of residence of the plaintiff (offended person).

Before going to court, it is recommended to try to resolve the issue amicably if the address (method) of contact with the author is known and if the act deserves forgiveness. Although compliance with the claim procedure is not required.

A statement of claim is submitted to the court, a state fee of 300 rubles is paid, and evidence of illegal actions is presented.

The claim itself is written according to the general rules. It is imperative to indicate that honor and dignity are affected and to describe and explain as much as possible how this is expressed.

If you win, the court will prohibit the collection and dissemination of information, or will order the data to be deleted, a refutation will be posted, and an apology will be ordered, including a public one. The execution of a judicial act is controlled by bailiffs. True, the practice is not particularly well established.

Compensation for moral damages is also available. The amount is determined independently depending on the specific circumstances of the case, taking into account the experienced moral suffering of the plaintiff. This is precisely what needs to be specifically confirmed. For the court, specific facts are needed to confirm the fact of the experience.

For example , a person was fired because of defamatory information. Which led to a lack of money and for a certain time (during the period of absence from work) the plaintiff was in need of food, clothing and other household needs. All this affected both physical and mental state. Therefore, a dismissal order, a certificate of lack of income, and the employer’s testimony about the reasons for dismissal will be significant evidence

.

Punishment for insult at work

Very often in the workplace, citizens are insulted and humiliated. This cannot be left unpunished. An insult can come from a person lower or higher on the job ladder, or from a colleague. If you work in a large company, then such companies have a Code of Business Conduct, where there is usually a separate punishment for officials within the company, up to and including dismissal.

The type of offense in question at the place of work includes:

• use of obscene language directed at any person (this also includes obscene language towards a subordinate);
• unacceptable, offensive gestures;
• the use of the World Wide Web, as well as sending various information by e-mail that offends a specific person.

Examples of workplace harassment include the following:

Example 1. The boss expressed dissatisfaction with the employee in front of everyone, using words comparing a person with an animal (goat, sheep, ram).

Example 2. An employee on social networks allowed herself to post a post insulting her colleague, expressing her opinion about a person’s mental abilities in an indecent form (moron, idiot, down).

Public insult

For an insult to become public, it must be expressed in the presence of strangers. This could be a meeting, a rally, or a statement in the media (print, television, etc.). This means that the fact of insult becomes noticeable to a wide range of people.

Example 1. If the boss at a planning meeting, in front of all his colleagues, called an employee a stupid person, this is already a fact of public insult.

Example 2. A post posted on social networks with obscene language addressed to a specific person.

Actions of the injured party, insulted on the Internet

If the offended party only wants to remove the defamatory post, then to do this you can contact its author or the administration of the site where it was posted.

If you want to bring the offender to justice, you should file a complaint with the police. The refusal of its employees to initiate a case is subject to appeal to the prosecutor's office.

Before filing a complaint with the police, you should make a complaint to the owner of the website or domain and send it to him on paper. To find out the details of an individual or organization, you can use the Whois service. All data is entered into the RosNIIROS database - it is closed, but law enforcement agencies, courts and lawyers can receive information.

The complaint in paper form should also be sent to the provider of the site where the insult was posted. It is better to resort to a registered letter with notification, since in court this factor can be very important.

The matter can be significantly simplified if the details of the offender are known. They must be indicated in the application.

In any case, it is necessary to prove that the fact of insult took place:

• if it was made in writing, then you should take screenshots and print them;
• if the insult is contained in a video or audio recording, then a copy should be made;
• if the insult is committed in real time, for example, during an online broadcast, then it should be recorded on video;
• If possible, provide witness statements.

Insults on the Internet can be notarized. This is especially important in the case when the evidence is only screenshots - they are easy to falsify, so without notarial support the court will not take them seriously.

You can notarize an insult on the Internet online. It is enough to send the appropriate application and pay for the notary services. All necessary documentation will be sent to the address specified by the recipient of the service.

It may be necessary to prove that the insult is directed at a specific person and not at his namesake. If the offensive recording (video, audio, photo) did not contain any data indicating the identity of the offended person, then certain difficulties may arise in court proceedings.

After contacting the police, a positive result is administrative punishment for the offender. The insulted person can also receive compensation from him if the insult caused him moral harm. To obtain compensation, you must go to court.

If the site on which the insult was committed is equated to the media, then the insulted person has the right to demand a refutation on the same site or the publication of his response on it.

Are insults expressed on the Internet and social networks punishable by law?

In 2021, such actions, if they do not entail criminal consequences and are regulated by articles 20.3.1. and 5.61. Code of Administrative Offenses of the Russian Federation.

Situations where the offender does not simply express humiliating thoughts to citizens, but expresses a threat of violence, and also if the speech comes from a person who uses his official position for this purpose, are punishable under Article 282 of the Criminal Code of the Russian Federation or Art. 20.3.1. Code of Administrative Offenses of the Russian Federation. For such articles the punishment will be more severe.

If we are talking about humiliation of dignity based on gender, belonging to any religion, aimed at a specific race or nationality, and the person inciting aggression has already been held accountable under an administrative article for a year, then such acts are punished:

When determining which article to apply, the court will take into account the status of the offender and the offended, as well as whether there was administrative responsibility for such violations.

Article 282 of the Criminal Code of the Russian Federation

Recently, more and more people have been held accountable for insults on social media. networks began under Article 282 of the Criminal Code of the Russian Federation.

Punishment under it threatens for humiliation of human dignity, which was the result of inciting hatred and hostility towards persons of another nationality, race, religion, etc.

Insult is a humiliation of the honor and dignity of a person and at the same time arouses hatred and enmity in him. The procedure for victims in this case is similar to that described above.

It is necessary to record the offense, collect evidence and provide it to law enforcement agencies.

The punishment for what was done is much more serious:

1. Fine up to half a million;
2. Forced labor for up to 4 years. An additional punishment is a ban on carrying out certain activities, as well as working in certain positions;
3. Imprisonment for up to 5 years.

The number of cases initiated under Article 282 of the Criminal Code of the Russian Federation is growing every year. Judicial practice numbers more than one thousand of them.

It is better to refuse to express your thoughts or post on your pages information aimed at humiliating human dignity.

Such actions make no sense and are only close to supporters of such views, who do not need to be reminded of this. A person can make his life quite difficult just because of his inability to control his emotions.

Can you be held accountable for online abuse? If you collect enough evidence, then yes.

Can they be jailed for something like this? According to Article 5.61 of the Code of Administrative Offenses of the Russian Federation - no, but if there are signs of a crime provided for in Article 292 of the Criminal Code of the Russian Federation - absolutely.

Often you have to involve a lawyer in the case, which costs money. They are also needed to certify a printed page on the Internet containing insults.

The compensation for a won case may be less than the amount spent, unless the claim was filed against officials and legal entities.

But if everything that happens is a matter of principle, you need to go to the end and defend your rights, the name of which is honor and dignity.

Actions upon detection of an insult

Not every person will go to investigate the fact of hearing offensive phrases, due to the fact that they consider contacting the competent authorities useless. Indeed, it is not so easy to prove the fact of insult if there is no evidence other than your own ears.

Therefore, it is worth trying to find at least some evidence when contacting law enforcement agencies. To confirm your words, you can provide audio or video recordings, messages with offensive messages saved in the phone’s memory or printed on a printer.

It wouldn't hurt to have a living witness. Having prepared the necessary tools, you can safely go to the police station to file a statement.

Algorithm of actions for bringing to justice

It is not always possible to prove insult on the Internet. It is necessary to prove that the insult was committed by a specific individual. Only after this can you file a complaint against the offender. The complaint can be addressed to the following authorities:

• to the police;
• to the magistrate's court;
• to the prosecutor's office;
• administration of the social network on whose pages the incident occurred;
• the provider where the site is hosted.

The last two options do not provide for the imposition of administrative measures. These structures can only remove the user from the social network. network or block the site on which the insult was posted.

Please note: recently it has become easier to prove facts of insults on social networks, and on the Internet in general, since it has become possible to record them and have them certified by a notary. To do this, you need to take a screenshot of the page with the insult, ask the notary whether he provides the service of notarizing such papers, and then have it notarized. This will help prove the offense committed.

Contacting the police

To punish the offender, you must contact law enforcement agencies. In any case, the case falls under the jurisdiction of the prosecutor’s office, so you can immediately file a statement there. The prosecutor's office will initiate a case under Art. 5.61 Code of Administrative Offenses of the Russian Federation.

The application must be written in any form, but there is also a specific sample. If you can’t do it yourself, you can file a statement directly with the prosecutor’s office, the staff will help with this. It is advisable that by the time you visit the prosecutor’s office, you have evidence of the fact of insults and humiliation.

Where to complain about online abuse

Only prosecutors can initiate administrative cases of insult. This follows from Article 28.4 of the Code of Administrative Offenses of the Russian Federation.

The prosecutor will accept your statement and check the factual circumstances of the insult. Based on the results of the investigation, he will either refuse to initiate a case, or draw up a protocol and transfer the materials to the court.

The punishment for the offender will be assigned by a court of general jurisdiction, taking into account all the circumstances of the case.

Here is a sample statement of insult to the prosecutor's office.

Going to court

Also, a citizen has the right, in the event of insult, to independently file a statement of claim in court. You must refer to Art. 115 civil code. According to this article, the honor and dignity of a person are intangible benefits that are the property of a citizen from the moment of his birth. In this case, the offender will be forced to compensate the moral damage to the citizen.

IMPORTANT, pay attention!

The offender must pay moral damages even if he was fined in the same case.

In addition to the lawsuit, it is necessary to collect evidence. It can be:

• eyewitness accounts;
• audio and video recordings;
• printouts of pages from the World Wide Web, as well as correspondence in mobile applications.

As judicial practice shows, most cases involving such claims are won by the applicant.

Application Form

When drawing up a statement, it is worthwhile, in addition to the mandatory information about the victim, to indicate in detail the status of the offender, how the violation was committed, what it was expressed in, what damage was caused as a result of actions or inactions, what means the offender used, whether physical damage was detected or, perhaps, there were several violators, etc.

IMPORTANT, pay attention!

It is important that you specify your requirements accurately. For example, bring the offender to justice, collect moral damages, etc. The more detailed the document is drawn up, the greater the chances of punishing the offender.

The decision to initiate a case or refuse is made by employees within 3-10 days.

Thus, insults expressed personally, written in a message or made public in the Russian Federation are considered a violation of the law if they humiliated the dignity of a citizen or ruined his reputation. Such violations of the law are regulated by both administrative law and criminal law.

Not only civilians, but also legal entities, as well as military and officials are required to be held accountable for such actions.

The culprit will be punished depending on the status of the victim and the offender, the consequences resulting from the criminal acts, the number of participants in the situation, etc.

The legislation provides for penalties for insult, including on social networks, slander, as well as for inciting hatred and enmity on various grounds.

When turning to the police for justice, you should take care to collect complete information and evidence of violations.

By indicating all the details of the crime in the application, there is a much greater chance that, after consideration, the competent authorities will make a positive decision to initiate a case.

Cyberban: punishment for online bullying was proposed to be included in the Criminal Code

The Public Chamber proposed toughening punishment for insults and bullying on the Internet. The authors have already sent their initiative to the State Duma and the Federation Council, the OP told Izvestia. It is proposed to provide for up to seven years of forced labor for threats online with murder and serious bodily harm, and for slander to be punished with a fine of up to 6 million rubles. Both houses of parliament are already ready to consider the amendments that are planned to be made to the Criminal Code and the Administrative Code. Lawyers believe that the innovations will expand the ability of law enforcement officers to qualify crimes online. Meanwhile, Roskomnadzor told Izvestia that since 2014, on the basis of court decisions, 12 thousand pages with information containing signs of bullying and insult have been entered into the Unified Register of Prohibited Information.

Insult virtually

About 6 thousand pages with information containing signs of bullying and insult have already been deleted, Roskomnadzor clarified. However, at the moment, direct liability for such actions on the Internet is not provided for in Russian legislation, as noted in the explanatory note to the draft Federal Law. There are criminal penalties for real threats of murder and causing grievous bodily harm (Article 119 of the Criminal Code of the Russian Federation), slander (Articles 128.1 and 298 of the Criminal Code of the Russian Federation), insult (Article 130 of the Criminal Code of the Russian Federation) and incitement to suicide (Article 110 of the Criminal Code of the Russian Federation). There are no such measures in the virtual space yet, the OP emphasizes.

For starters: they propose to combat bullying in a comprehensive manner

According to research, almost 28% of Russian schoolchildren experience bullying

“Now it is again becoming relevant to introduce serious liability—even criminal liability—for online bullying and insults. Corresponding amendments to the Criminal Code and the Code of Administrative Offenses are necessary,” Alexander Malkevich, the author of the initiative, chairman of the OP Commission for the Development of the Information Community, Media and Mass Communications, told Izvestia.

He has already sent his package of proposals (available to Izvestia) to the State Duma and the Federation Council - the list of initiatives includes additions to the Criminal Code and the Administrative Code. Thus, in Article 119 of the Criminal Code of the Russian Federation “Threat of murder or infliction of grievous bodily harm,” the authors propose to introduce a punishment that would make it possible to subject such threats on the Internet to forced labor or to imprisonment for up to seven years with restriction of the right to occupy certain positions or engage in certain activities. up to five years.

For example: for the same violation “offline” (Article 119 of the Criminal Code of the Russian Federation), violators are punished with “compulsory labor for up to 480 hours, or restriction of freedom for up to two years, or forced labor for up to two years, or arrest for a term up to six months, or imprisonment for up to two years.” If the action was committed because of political, ideological, racial or other forms of hatred, then the period of forced labor increases to five years, and deprivation of the right to hold certain positions - to three.

In addition, the authors of the initiative propose to introduce liability for libel on the Internet by adding Article 128.1. “Slander contained on the Internet is punishable by a fine of up to 6 million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or by compulsory labor for up to 500 hours,” the document notes. Let us note that libel in the real world today is punishable by a fine of up to 500 thousand rubles or compulsory labor for up to 160 hours.

“Just as we teach children to brush their teeth, we need to teach children not to download viruses.”

Head of the National Association for International Information Security Anatoly Smirnov on the introduction of a digital hygiene course in schools and the sovereign Internet

It is also planned to make amendments to the Administrative Code. In particular, fine individuals for registering on a social network without providing personal data. The initiative provides for sanctions for citizens in the amount of 100 to 200 thousand rubles, and for legal entities from 1 to 2 million rubles. Moreover, repeated violations may result in a more serious monetary penalty.

Lawyers support the amendments to the Criminal Code and the Code of Administrative Offenses, since the existing legislation, in their opinion, does not protect ordinary citizens from Internet insults.

- Now only if a representative of the authorities is insulted, this will constitute a crime. For insulting one citizen, another is subject to administrative liability - and this must still be proven,” lawyer Maria Yarmush explained to Izvestia.

She added that she approves of the proposed regulations because they criminalize online bullying and abuse. The proposed changes to the Criminal Code and the Code of Administrative Offenses will make it possible to equalize the virtual space with the real one.

— Article 119 of the Criminal Code of the Russian Federation practically does not work if a person does not swing a knife, an ax or a broken bottle. If a person receives threats on the Internet, which can bring him to a state of unbearable existence, this is scary. But it is not possible to bring the threat to justice,” the lawyer emphasized.

In addition, she noted that at the moment, Article 282 of the Criminal Code already includes punishment for inciting hatred and enmity, including through the Internet. However, the lawyer emphasized that the initiatives of the Public Chamber supplement the code with threats of murder and slander. In her opinion, it is incorrect to compare the threat of murder and the incitement of hatred and enmity. According to her, the amendments will enable law enforcement agencies to find qualifications for a particular article and expand the possibilities of law enforcement.

Risk group

Children are at particular risk of being bullied. According to the authors of the initiative, more than 70% of Russian schoolchildren have been subjected to cyberbullying. This problem has created the need to develop proposals that can stop the widespread practice of “virtual bullying”.

Rough age: 50% of Russians encounter aggressive teenagers

Every tenth middle school student becomes the initiator of bullying

As Anna Kuznetsova, Presidential Commissioner for Children's Rights, told Izvestia, she often receives requests from children and parents related to cyberbullying. In addition, she emphasized that often online conflicts spill over into real life.

“We work with cases where, for example, a conflict online develops into a threat to life and health in reality. Thus, in one of the schools, a protracted quarrel between teenagers turned first into offensive statements on the Internet, and then into a fight in an educational institution. It’s hard not only for children, but also for adults to endure insults and slander, which the authors will never say to their faces, but can easily write online,” said Anna Kuznetsova.

However, she called for a cautious approach to introducing criminal liability in the Internet sphere.

— It is important to distinguish open bullying from other phenomena that fill the Internet environment. This requires clear parameters and criteria,” Anna Kuznetsova told Izvestia.

Do not limit freedom

Responsibility for the same actions in real life and virtual life should be identical, the Federation Council emphasized.

“Since the rules of law regarding insults and threats operate in our real life, they should extend to the same extent to the virtual space, the border with which in our physical existence is rapidly disappearing,” noted Irina Rukavishnikova, First Deputy Chairman of the Federation Council Committee on Constitutional Legislation and State Building .

Extra-class struggle: how children’s groups “Overheard” live

What's so good about anonymous communities that resemble a school bathroom wall covered in curse words?

She emphasized that the ease and distance of communication online creates a feeling of permissiveness and impunity among many users. At the same time, she emphasized that punishment on the Internet in some cases can be even harsher.

We are ready to consider proposals from the Public Chamber and the State Duma.

— The topic is relevant, “alive.” There is experience from foreign countries where such things are very strictly blocked and liability is introduced. It’s worth studying everything, involving the expert community, and looking at the criticism. But there really is a problem. We are ready to look at the situation at the site of our specialized committee and develop a position,” Maxim Kudryavtsev, deputy chairman of the State Duma Committee on Information Policy, Information Technologies and Communications, told Izvestia.

However, he emphasized that legislators do not have the task of “over-regulating” the Internet. Another deputy chairman of this committee, Alexander Yushchenko, also spoke about the need for a more specific approach when working on this issue.

— It is necessary to clearly define what insults and bullying are on the Internet. Often many people do not like it when the truth is written. Many people think this is bullying. For now, this is a rather relative concept,” the deputy explained to Izvestia.

Measures against cyberbullying have been taken in many countries around the world, including South Korea, France, the USA and Germany.

Legal advice

1. When someone insults you, remain calm and under no circumstances try to insult the offender in return. It is better to take measures to record the fact of insult.
2. Be sure to collect evidence of abuse. This may be audio, video or paper media and witnesses. It is important that the evidence collected is obtained legally and is not fake. Also, all evidence must relate specifically to the case about which the statement will be written.
3. It is necessary to contact the court or prosecutor's office as soon as possible, since the statute of limitations for these cases is 3 months.
4. If you are insulted at work, it is better to first file a complaint with higher management to conduct an internal review. If no measures have been taken within the company itself, then you can contact the prosecutor’s office or court.
5. It is important to remember that simply emotional expressions spoken in a raised tone cannot be considered an insult. It must be obscene insults directed at a specific person.

Arbitrage practice

In practice, such claims are rare, but it is possible that this will soon become commonplace.

In the Yaroslavl region, bailiffs are preparing to conduct enforcement proceedings in a similar case. One woman described her work colleague as a seducer of all the men in the organization where they worked. She then posted the incriminating recording on social media for everyone to see. The offended woman responded by filing a lawsuit, where the offender was ordered to pay a fine of 50 thousand rubles for insulting her on the Internet.

It remains to be expected that soon control of norms of behavior will be at a high level, and judicial practice for insults on the Internet will become more frequent.

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FAQ

Question: Insult on the forum. How to hold people accountable?

I am a member of a popular forum. One of the participants slandered and insulted me in personal messages; I saved the correspondence with his nickname. Now there are no users with that name, apparently the account has been deleted. I wrote to the site’s technical support and they said that they have the ability to track his IP address. Do I have the right to bring the offender to administrative liability?

Answer: It is possible to hold people accountable for online abuse. To exercise your right, contact the prosecutor's office with a written statement, in which you outline the situation described, indicate the user's IP and attach printouts of your correspondence.

Question: I am being insulted and threatened by phone and SMS messages. How to punish the offender according to the law?

For a month now there have been attacks on my personal number. I receive threatening text messages and abusive calls. What to do within the legal framework?

Answer: First, install a program on your phone that allows you to record all conversations. When you make a subsequent call, turn on the speakerphone and the call recording button. It’s good if there is a person nearby who is ready to subsequently act as a witness in court. After the offender’s monologue, say the current date and time, the name of the witness. Let this information also be recorded on a voice recorder. Now you can contact the prosecutor's office, attaching to your application a printout of incoming calls and a recording of the last conversation.

Question: is it possible to punish the offender for swearing and threats against me?

Can I go to the police and court if I have been insulted as an individual by using obscene words and threats?

Answer: Yes, every person has such a right. It is necessary to contact the police with a written statement, in which you outline the situation and ask to bring the offender to administrative responsibility. You can also, with the help of a lawyer, draw up a claim for moral compensation for personal injury and file it in court. This right is provided for in Article 152 of the Civil Code of the Russian Federation.

Question: how to bring an offender to justice for insults on WhatsApp?

I turned to a friend for help by writing to him on WhatsApp. We did not meet each other in a long time. We once worked closely together, thanks to me he was able to earn decent money. But he reacted aggressively, insulting me and threatening to cause minor bodily harm. On my part, the standards of decency were not exceeded. How can he be punished, and where to go?

Answer: You have the right to submit a written statement to the prosecutor's office. Attach to the application all evidence of moral harm (insults, threats) - a printout of your correspondence, which shows that you were insulted, will do. Article 5.61. The Code of Administrative Offenses of the Russian Federation provides for the imposition of a fine in the amount of 1 to 3 thousand rubles. Other sanctions may also be applied, depending on the result of the investigation carried out by the prosecutor's office.

Question: How can I be held accountable for harassment at work?

At work, the boss indulges in obscene insults and forces me to work after the end of the working day. Knowing my rights, I refused to stay in the office after hours. I started receiving threats that I could be fired. Please tell me what I can do in this situation to stop hearing swear words and threats of dismissal addressed to me?

Answer: Every person has the right to restore his honor and dignity by contacting the prosecutor's office.

If you have been insulted, and there is evidence of this, submit a written statement to the prosecutor's office. In it, state the situation, attach evidence, if any. Their direct responsibility is to figure it out and make a fair verdict, in accordance with current legislation.

Regarding violations of labor legislation, namely, forced to work overtime, you have the right to file a written complaint with the labor inspectorate. This can be done online at https://onlineinspektsiya.rf. Describe the current situation on the site and leave your contact information. You will be contacted and advised on further steps to take.

“What is your evidence?”

There are several ways to confirm the fact of disrespectful behavior. It all depends on how obvious the humiliation was.

1. So, the simplest trick is to take a screenshot of the page where information with defamatory materials is posted.

2. Notarial protocol . It is enough to take a device (mobile phone, tablet, laptop) that displays humiliating information, come to a notary and order a notarization service for information online. The notary, through your device or through his equipment, will go to the unfortunate page and describe what he saw. It will also print it all out on paper as an appendix. And he will draw up a notarial document. In order for this to work, you will need to provide the notary with your address, login and passwords (which, for security reasons, it is better to change later). The disadvantages of this action are the price. For this action, the notary will charge from 4,000 rubles.

3. Demonstration of the device to the official conducting the inspection . If the case is with the police or a lawsuit in court, then the mobile device can be shown to the police officer or the judge. The official will conduct an inspection, find the data and draw up an appropriate protocol (act) on this matter.

4. Contact an expert organization . Currently, there are licensed computer laboratories that can conduct computer research. During the research, they will confirm the content of the information and the fact that it actually came from the slanderer. But it is better to prove violations of your rights not by directly contacting an expert organization, but by asking the court or law enforcement officers conducting the inspection. Such evidence will be more authoritative.