the TRANS-Baikal regional court in a recent decision ordered the citizen who submitted the “hot” SMS to pay 5 thousand rubles as compensation of moral harm to its recipient.
it is Noteworthy that the court of first instance, after examining a message that is not found in it nothing beyond the law. Yes, the text was clearly unpleasant for the recipient, but for some reason, the lower court decided that although the sender and offend the recipient, but not anticipated enough to be punished for it financially. The second instance, this conclusion did not agree.
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“the Court of first instance considered that the impugned text SMS does not contain defamatory of the claimant of the information and denied the claims”, – told in the TRANS-Baikal regional court.
the Judicial Board on civil cases of Transbaikalian regional court reversed the decision of the court, since the plaintiff after analyzing the submitted screenshots of TEXT messages received from the defendant, came to the conclusion that these statements contain unacceptable, socially unacceptable expressions, the plaintiff used derogatory comparisons, which are offensive, messages contain invective vocabulary”.
Invective vocabulary is profanity, by the way, not necessarily obscene.
the legal position of Transbaikalian regional court is one important point: the concept of defamatory information actually is expanding. Narrow approach: for satisfaction of the claim about protection of honor and dignity it is necessary that it was about the negative false information about people. For example, that he is a thief, although in fact had never even stolen a silver spoon. If people just called a pig or cuss it, they say, no defamatory information, and banal insult. For this it is necessary to punish under the administrative code. The fine under the relevant article – from 1 to 3 thousand rubles.
Wide approach: any insult is already a reason to take under the protection of the honour and dignity of the person. Naswal middle pig, get in the pocket and pay him compensation.
the Decision of Transbaikalian regional court is not unique, the practice is already gaining momentum. The usual amount of compensation for moral damage in cases on electronic insults is 5-10 thousand rubles. Plus the defendant must reimburse the costs of litigation.
Normal size of compensation of moral harm in cases of abuse on the Internet or SMS messages is 5-10 thousand rubles
a Similar approach can be applied when receiving offensive TEXT messages, and hurtful messages, messengers, and, of course, to clamp down on Internet trolls – fans to throw mud interlocutors in the Network.
by the Way, experts have recorded a sharp rise in cases of electronic harassment. While at home, not all are sending at the Network bright smiles, many of us became electronic abuse. I now have a network of trolls has appeared a lot of extra time.
the Order is this: it is advisable to write a statement to law enforcement and seek punishment under the administrative code. Then to sue in court on protection of honor and dignity. The decision on punishment of the offender will be an additional proof. But you can just sue in court.
“Since 2011, the code of administrative offences contains a provision providing for liability for abuse of citizens, including in the media, – said the Deputy Executive Director of the head office of the Association of lawyers of Russia Dmitry Lipin. – However, this rule does not contain a special formulation that provides for liability for insult in social networks”.
the Complexity of bringing to responsibility for insulting the Internet lies in the fact that it is necessary to use the resources and implement a number of technical measures to establish the identity of the author of the insults, because the Network still allows you to maintain a degree of anonymity.
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in addition, there is a risk, WHabout all trial information can be quickly removed from the source. In the Network to delete your message easy. The messengers also have the ability to erase your messages from other phones, if the smell of fried. Therefore, experts advise first of all to record a notary in the facts of the abuse on the Internet. The notary will examine all necessary web pages on the Internet: correspondence in e-mail, social networks, etc. and will make the Protocol.
the Protocol does not have a Statute of limitations, as it reflects information on the date of its publication. Thus, if the information from the site will be removed after 10 minutes, a day or a week, the Protocol will still remain conclusive evidence during the trial. As all notarized documents have high probative force in court, the facts reflected in the Protocol will require further confirmation. And if the applicant’s rights were violated, he will be compensated for damage or pecuniary damage.
From December 29, 2020 Russian citizens will be able to apply for preservation of evidence, without leaving home: will come into force a law allowing to conduct such notarial act in remote format.
According to the Federal chamber of notaries, the annual number of calls to the notary for this service is growing by 15-20 percent.