Gossip in Russia is quite normal, as are frequent quarrels between people due to a lack of understanding. But there are times when some cross the line of the law without noticing it and forgetting that there is an article for defamation in the criminal code. Insulting and disseminating false information about a person defaming him as a person cannot go unpunished if they go beyond certain limits. Therefore, it is worthwhile to study the legal side of this issue well before embarking on rumors or insult man and his dignity.
What can be considered slander?
First of all, you need to understand what slander means? Article 128 of the Criminal Code of the Russian Federation tells the following: defamation is the dissemination of false information that discredits the honor and dignity of the object to which it relates. The article has many reservations on this subject, since not all gossip can be punished, and not everyone qualifies as slander.
Article of the Criminal Code of 2015, comments:
- Punishment is provided if the deliberate distribution of knowingly false information is proved.
- If the information turns out to be true, then this already qualifies as an insult to the individual.
- The accusation of another person that he did not commit is not slander if this is an erroneous opinion, but if this is a charge of theft, when the prosecutor knew in advance that this was a lie, it was slander.
- When inaccurate information did not affect the honor and reputation of a person, the gossip is not punished.
Insult
In order for an insult to be considered an administrative offense, it must be of a personal nature and pronounced to a specific person. It is not considered an offense if a person accidentally utters an obscene expression or word in the presence of third parties. And also humiliation, not associated with obscene language, is not an insult. But if an insult was directed at the person publicly, it is considered a violation, regardless of whether it was censored or not.
How to prove slander and insult?
The most difficult thing is to prove that there was precisely an insult or slander. An article of the Criminal Code of the Russian Federation, the commentary on which does not recognize many points for violating the law, allows gossips and offenders to justify themselves and avoid punishment. It is most difficult to prove the fact that the actions of the offender were as provided for in the article for defamation, if there are no witnesses to this. In this case, even the video or audio recordings submitted to the court will not be sufficient evidence, since recognition of the offender is required, as well as proof that the reputation of the person who was slandered from his words.
Slander Article: Comments
If there is no criminal punishment for insulting after the latest amendments, then today libel is a criminal offense. Article of the Criminal Code of 2015, comments:
- After 2012, the law entered into force (before that, only a fine of 500 rubles was provided).
- The object of a crime is the reputation of a person, as well as his dignity and honor.
- A victim can be a citizen of any age.
- Persons over 16 years of age can be held accountable;
- The main evidence that the court will take into account is the fact that the offender knew that he was spreading false information.
Gossipers who can prove that they were mistaken will not be held accountable, the information that they disseminated was true or false, but did not affect the honor and reputation of the person to whom it belonged.
Punishment for libel
In accordance with Russian law, the article for defamation provides for the following penalties for offenders:
- The dissemination of knowingly false information about a person that negatively affected the reputation of the person whom he belonged and questioned his dignity may be punishable by a fine of up to half a million rubles, and the court may schedule up to 160 hours of working time.
- If the commission of the offense involves the use of official position, then the fine is increased to two million rubles, or a working time of 320 hours is assigned.
- If a person was slandered during a public speech or false information about him was covered in the press, the court may impose a fine on the offender in the amount of up to 1,000,000 rubles and 240 hours of correctional labor.
- If a person was undeservedly accused of having a serious illness that poses a danger to others, they also disseminated this information. Or, for example, they accused him of a crime that is sexual in nature, a fine of up to 3,000,000 rubles, or 400 hours of correctional labor, can be punished for this.
- In the event that the offense involves accusing a person of having committed a particularly serious crime, the penalty will be a fine in the amount of up to 5,000,000 rubles or 480 hours of correctional labor.
