In the courts hear cases from tragic to funny. So, the inhabitant of a small Ural village of Reftinskaya and his friend on correspondence in the “Classmates” from Mytischi personally never in each other’s eyes saw. But in the war of words clutched so hard that the latter had bought tickets, came to the Urals and killed the offender. Now sits, having received nine years of a colony of a strict mode.
Sergei Yesenin have a new page in Instagram
Another man offended by another that it when the lady called a “dunce”, while the phrase was accompanied by a characteristic gesture, tapped his finger on his forehead. Offended asked the court for protection of honor, dignity and compensation brought to it of moral harm. The court, however, sided with “dunce” would not stand for lack of proof caused by his insults. And the claim eventually was rejected.
And yet what the rules are in communication in social networks? How to choose the expression to the opinion to Express and the opponent not to offend? And, when I can, and do better to be silent than to speak so as not to run into trial and non-pecuniary costs of establishing the truth. “RG” has addressed for explanations to the experts.
That’s where @ is buried
We decided deliberately not to take into account the statements of such heavy articles as calls to extremism, an insult of feelings of believers, the spread of ideas of terrorism, of personal data of minors and the like. Here the rules of the game clearly States large and small “players” of the Internet, almost all of them know. And that’s without us vigilantly Roskomnadzor. But with a live, day-to-day communication networks while freemen, though the legal boundaries of permissible and here, of course, known.
Roskomnadzor will restrict access to create fake reports of coronavirus
Here is just one of the recent cases considered by Sverdlovsk regional court according to the statements in the “Classmates”. The subject of the proceedings was the phrase “…and that products of the Heater (the local name of the hospital – ed.) is stealing, so sure, even the taxi drivers are paid by the potatoes.” It was addressed to foremen D. hospital, located in the same heater. What warehouseman turned to the offender S. to the court for protection of honour, dignity and business reputation. After all, the entry was seen by dozens of users – friends, colleagues and acquaintances. Work began D. inspection, audit. The plaintiff demanded to refute the information, to apologize to her, and to recover moral damage in the amount of 100 thousand rubles.
the Key in this case was the phrase “the products stolen.” In fact, S. accused his opponent of stealing from work, but to prove it could not. As followed from the opinion of the court, “neither administrative nor criminal liability for unlawful acts related to the appropriation of property the plaintiff was never tried. Other evidence the court was not presented.” Simply put, to call the plaintiff a thief was no way. The court ordered spread on the social network information, to deny, to pay moral damages in the amount of 10 thousand rubles. But interestingly, to apologize, as it turns out, no one is not entitled to oblige even the most scathing insults.
Only on the good will and the call of the soul
about the apology, as explained “RG” medallist Elena Ovchinnikova, already 15 years a Supreme court Ruling.
the Court may order to publish a refutation of the common information, to punish a personal abuse, slander and so on, but he can’t force a person to apologize. This is because changeü opinion of a person except according to his personal will, is impossible in principle. Man can hold to his fundamental conviction, even if the court ruled in his favor. In fact, it would force people to think otherwise, which is impossible in nature, unless he doesn’t want it. Therefore, the requirement for an apology by the Supreme court were excluded from legal practice.
How, for example, in the case of foremen: because it is the offender will not be considered completely honest after the court decision. Obviously, she will remain unconvinced. Therefore, the court cannot force her to apologize against her will.
What is considered an insult?
But what may be considered an insult? For any feedback in social networks can claim compensation?
In Khanty-Mansiysk the owner of the Studio laser hair removal has recently addressed with the claim in court about protection of honour, dignity and business reputation to one of the clients. She wrote in the social media response procedure for hair removal: “I Went to wax, the horror…”. Exactly how “terrible” she removed the hair, she did not elaborate, but several potential clients of the Studio eventually decided to take already purchased season tickets for the total amount 26252 rubles.
salon Owner demanded back the loss for the canceled procedure, to publish a refutation, to bring him a public apology on the same social networks, and to pay compensation for moral damage 50000 rubles.
Cats and chocolate: Ministry of internal Affairs of Yakutia has conquered the social network cute news
this Process is indicative of the fact that negative feedback on social media and on the websites of the companies providing certain services, usually a lot, but that’s how the General flow to determine what is really insulting nature and therefore harm the reputation of the company and which are not?
sud in Khanty-Mansiysk after analyzing the phrase “Went to wax, the horror…” I felt that it is a value judgment about the procedure, nothing more. And the claim is rejected.
– Any one of us has the right to Express their opinions, both publicly and in the media and social networks, -said Elena Ovchinnikova. What did the client Studio. “The horror” – the phrase is, of course, emotional, but not offensive. Attract for her is impossible. It is not anticipated nor honor of the owner or business reputation of the Studio. Each subjectively perceives any statements to your address or the address of his organization. Therefore, may find it hurtful sometimes the most ordinary evaluation. And the final verdict can only be made by the court.
“Fool” is an insult?
As a rule, in complex cases, the courts resort to the help of expert linguists who provide expert assessment statements and clearly explain to them the context and so on. In short, who and what I wanted to say.
an Absolute insult, of course, is obscene vocabulary. To justify practically impossible.
– Sometimes as insults use the names of animals in relation to man, dirty pig, cow, Jackal, and the like., – says head of Department of Russian language and stylistics of the Ural Institute for the Humanities Ural Federal University, the author of a number of expert opinions in litigation Elina Shepkina. Sometimes in the course are historical figures with a clearly negative assessment of their activities in history. For Example, Hitler, Goebbels. Or words in the dictionaries are marked with droppings, coarse, colloquial, scornful, swear. But to take and draw up a carefully considered list of words or phrases which may be followed by responsibility, is impossible. Whenever it is determined solely from context. And each case is very individual.
In Primorye, the teacher explained the rules-for example swear words
for Example, the words “fool”, “moron” or “idiot” may well be the reason for the claim but only the court can decide whether to consider them an insult. By the way, the medical community discussed options for replacing words like “moron”, “idiot”, when talking about medical diagnosis. So they became swear words in everyday speech that it prevents the application of medical terminology.
I Wonder how the court considered the case about the “dunce”, and what mark that word in this context given by experts. Here are excerpts from the case: “the Court, citing sources pointed out that the word is spoken and used in everyday speech, is essentially contemptuous of the human male, tall, stupid, young, who does not want to do anything serious, slacker, playboy, the CAD, and gesture “to twist a finger to his temple,” refers to a negative assessment gesticulating towards whom the gesture is directed: gesticulating shows the recipient that evaluating its validity, you may think that the addressee is “crazy”.
so, even this curious episode proves, you clearly need to weigh what they say, write in social networks, blogs and comments to the media. Otherwise, how would a “dunce” did not have to answer.