Legal liability for libel: review of legislation – 2022

New libel law

Rules for considering a claim in court.
Taking into account the legislative rights of Russian citizens to protection from attacks by third parties that could damage business reputation, denigrate the moral and ethical character by disseminating distorted information, the president signed a law amending certain articles of the Criminal Code. The decree came into force on July 28, 2012.

According to it, the Criminal Code of the Russian Federation was supplemented. Art. 128.1, which imposes liability for libel. Special paragraphs discuss the sanctions imposed on the violator.

Punishment for libel

The degree of punishment for libel depends on the severity of the crime. The law stipulates what will happen for a statement for slander to the police (what punishment the slanderer faces):

1. “Simple” slander without aggravating circumstances is punishable by compulsory labor or a fine; the defendant will have a criminal record on his record.
2. “Qualified” slander, with aggravating circumstances, when disseminated through the media, is fined up to a million rubles and compulsory labor for up to 240 hours.
3. Defamation using official position is punishable by a fine of 2 million rubles.
4. For lying about committing a serious, especially serious crime or a crime of a sexual nature, the defendant pays a fine of up to 5 million rubles.
5. For lying about the presence of a dangerous disease, the slanderer will be fined 3 million rubles.

It is important to understand that the fine imposed by the court is paid to the state, not the victim. If the victim believes that he needs compensation for causing moral damage, he indicates this in the statement of claim.

About the author of the article

Anastasia Fedorchenko I value my time and nerves. Therefore, I am studying ways to protect them in any situation. I share my best finds with you.

What is libel

A slanderer deliberately spreads false information. In legal practice, this is considered the main feature of the crime in question.

Other features of the offense include the following:

• through malicious actions, the criminal seeks to achieve the goal of causing harm to the business and social reputation of a citizen due to a negative impact on the moral and ethical character;
• any adult Russian over 16 years of age can be the object of slanderous attacks;
• the slanderer deliberately pursues selfish motives;
• false information is disseminated both verbally and in writing, using social networks;
• distortion of reliable information is not regarded by lawyers as an insult to personality, but is interpreted as false data.

Minors and incompetent citizens may suffer from slanderous attacks. In legal practice, cases of slander against the deceased have been considered.

What can slander be like at work?

False information can be expressed during a personal conversation with the victim, or be of an interrogative nature. Such cases do not qualify as slander, since communicating information to the victim himself does not qualify as dissemination. All adverse consequences occur if colleagues attempt to convey damaging information to other persons - employees, management, company business representatives.

Slander can be expressed in the following forms:

• oral communication to one colleague, speech to a group of employees;
• presentation of false facts in writing and sending documents to other persons;
• posting false data on Internet pages, social networks, email channels, etc.;
• sending an article with false information to the press.

For punishment, it is enough to prove that unauthorized persons had the opportunity to familiarize themselves with the specified information, even if they did not have time to read the contents of the messages.

For example, when a false note was published on an Internet page, grounds for sanctions under the Criminal Code of the Russian Federation arose, even if none of the colleagues had time to read its contents.

The reasons and motives of the offender will not matter for punishment under the Criminal Code of the Russian Federation, since it is important to establish the intentional nature of the actions. However, we will highlight the most common motives that a guilty person may pursue:

• the desire to remove a colleague from the staff - to force him to resign at his own request, to create grounds for bringing him to disciplinary liability;
• eliminate a competitor in the struggle for a promotion or transfer to a higher-paying workplace;
• personal hostility or revenge that arises between team members.

It is up to the victim himself to determine whether false information is defaming him. In many cases, disseminated information will not lead to any serious consequences, even if it is false.

For example, false information about the presence of a colleague’s dog of a dangerous breed does not in any way discredit honor and dignity, nor does it undermine the reputational assessment. However, false information accusing someone of committing an illegal act obviously falls under the concept of libel.

How to deal with such facts, and is it possible to sue the violator? This depends on the situation in the team, the adequacy of management, and the nature of the disseminated information. If the slander is of a one-time nature, and the content of the information has little impact on the employee’s reputational assessment, inaction may be the best option. However, in most cases, the perpetrator does not stop and continues his illegal actions.

To combat such facts, you can use the following options:

• submit an application addressed to the management of the enterprise - at large enterprises, local acts include a code of business ethics, a violation of which will be slander;
• contact the offender and invite him to submit a refutation to the press or post it on the Internet, speak to the team and talk about the falsity of previously disseminated information;
• contact law enforcement agencies to initiate a case under Art. 128.1 of the Criminal Code of the Russian Federation;
• apply to the courts with a statement of claim to refute false data and compensate for moral damage.

Read: Unreasonable refusal to hire in 2022
The victim can use all options at once, especially if a further successful career at the enterprise depends on a timely reaction.

When contacting the manager, you must indicate specific facts of slander, the alleged culprit, and prove the false nature of the information. The boss can take any response measures, including ordering an internal audit, convening a commission on business ethics and conflicts of interest. If the fact of slander is proven, disciplinary measures may be applied, which does not deprive the victim of the right to file an application with law enforcement agencies.

What is not libel

The following actions are not considered criminal by law:

• dissemination of negative information based on reliable information that causes a negative characterization of the individual;
• no harm caused by false facts to honor and dignity;
• sincere delusion of the distributor of distorted data, confident in its veracity.

It is difficult to prove libel in court. Therefore, such proceedings are quite ambiguous and require a thorough preparation of a solid evidence base.

The essence of the crime

The crime consists of deliberately transmitting knowingly false information to third parties. A slanderer, through deliberate actions, harms a person’s reputation, undermines public trust, discredits one’s dignity and good name, and denigrates one’s moral character.

Article 128.1 of the Criminal Code of the Russian Federation considers the following types of false information, for the dissemination of which the culprit bears criminal liability:

• distorted data about a citizen’s personal life, protected by his right to confidentiality, prescribed in Russian legislation;
• false information about misconduct and illegal activities;
• unverified facts of participation in dubious illegal activities;
• false evidence of discreditable connections, etc.

In domestic legal practice, court proceedings regarding libel spread over the Internet have become more frequent. Users post obscene photographs on social networks, accompanied by vulgar comments. The difficulty in considering such claims lies in the anonymity of the source of compromising information. To identify the culprit, specialists are brought in to identify him using his IP address.

What applications are needed?

One application is not enough for the court to make an appropriate determination to accept and begin preparing the case. Article 132 of the Code of Civil Procedure of the Russian Federation establishes a list of required documents. Among them are the following:

• a receipt, payment order or other document confirming payment of the state fee;
• a claim for compliance with the pre-trial procedure for resolving a dispute and a receipt confirming its sending;
• documents referred to in the text of the claim (magazines or other publications disseminating information);
• calculation of the amount to be collected;
• receipt of dispatch of the claim (the applicant has the right to provide another document confirming the sending or delivery of the application along with the attached documents, for example, a notice on Form 119).

If the document is signed by a representative, proof of his authority must be attached. For example, when filing a claim against the tax authorities for the protection of business reputation, a power of attorney, a decision on appointment or an internal order of the organization is attached. For the arbitration process, the list of documents is established by Art. 126 Arbitration Procedure Code of the Russian Federation. For legal entities, it is mandatory to provide an extract from the Unified State Register of Legal Entities, a certificate of registration as an individual entrepreneur or a legal entity.

Let's consider an example of writing a claim under Article 152 Part 1:

Sample:

How to write a statement correctly

A victim of slanderous attacks can seek help from the police or prosecutor's office. The rules for filing an application with these authorities are slightly different.

The following algorithm should be followed:

1. When contacting the police station, the details of the territorial unit must be indicated. Information about the manager (full name, position and title) should be written in the header of the document.
2. A complaint about slander to the prosecutor's service is accompanied by an indication of the body registering the statement.
3. The police office issues a special coupon confirming the citizen’s application. It can be used to form an evidence base when filing a lawsuit.
4. The receipt of a complaint by the prosecutor's office is certified by a special stamp indicating the date and person in charge. Such a mark is placed on a copy of the written statement that remains with the victim.

Tips for writing an application correctly.
Standard samples of documents are located on information boards or in the office of law enforcement agencies. If you need it you can here.

Document structure and sample

The legislative framework has not yet developed an official form for complaining about defamation to the police. Therefore, an injured citizen who discovers the fact of slanderous attacks against him can write a statement in any form.

When registering, you must adhere to the following rules:

• the introductory part contains the name of the territorial unit of the law enforcement agency and information about its head;
• First there is information about the applicant, including full name, place of residence and registration;
• the main part of the document contains a description of the established facts of slander and methods of its dissemination;
• the application indicates the person suspected of the offense, with a request to hold him accountable, his personal data and actual address of residence are indicated;
• The registration is completed with the date and signature of the victim.

It is advisable to seek assistance in filing a complaint from a police officer. Emotional statements and drawn-out descriptions are unacceptable in an official document. The application must be short and concise, containing only the required information.

Nuances of document preparation.

The police officer informs the applicant about the likelihood of criminal prosecution for false denunciation. The latter puts his signature under the appropriate mark, which is required to be made by a law enforcement officer.

Deadlines for submission and review

If an attack on honor and dignity is detected through slander and deliberate dissemination of distorted information, it is recommended to immediately file a statement of slander with law enforcement agencies. It’s easier for the police to investigate a crime “without a trace.”

The legislative framework establishes a statute of limitations for this category of offenses. It is 2 years. After the expiration of the stated period, even with a strong evidentiary platform, it is impossible to bring the perpetrator to justice. Therefore, the victim filing a complaint with the police must meet the specified deadline to achieve a result.

Within three days from the moment of official registration of the document at the police station, a procedural decision is made on the case. In case of difficulties accompanying the implementation of the measures required for the investigation, the review time is extended to 10 days. In some cases, when the accused person files a counter-statement, the period of proceedings is extended to 30 days.

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:

1. SMS messages, audio recording of calls.
2. Various screenshots.
3. Evidence of witnesses.
4. 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:

1. 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.
2. The name, date of birth and place of residence of the victim are indicated.
3. It is advisable to also provide information about the accused.
4. 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.
5. Next, you need to list all the requirements that are presented to the defendant.
6. It is also necessary to provide any evidence of defamation. This may be physical evidence or other facts confirming the crime committed.
7. 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.

Where to contact

Every Russian citizen is endowed with the rights to protect his moral character, untarnished name and personal dignity. Contacting the police or a magistrate's court will help stop slanderous attacks and bring the perpetrator to justice.

Libel is a private crime. Therefore, the victim himself must initiate the accusation procedure by submitting a written statement to human rights authorities. Employees are required to accept and properly record the official document. Punishment in criminal cases falls within the competence of the courts.

Police investigate the following situations:

• if necessary, investigative measures to identify the culprit;
• if the crime falls under parts 2-5 of Art. 128.1 of the Criminal Code of the Russian Federation.

In standard cases, criminal proceedings are conducted by a magistrate. District offices make decisions on civil cases providing for compensation for moral damage caused by slander in monetary terms.

How to file a complaint

Considering the seriousness of the charges and the possible consequences for the violator (up to criminal punishment), when contacting the Police or the Prosecutor's Office, it is necessary to correctly draw up a complaint, which can be written according to the following example:

In addition to generally accepted requirements, it is important to consider the following rules for drawing up a document:

• In the text of the appeal, you should first briefly describe the circumstances and conditions under which false and defamatory information was disseminated about the victim (when an article was published in a newspaper, the content of which is slander, on which Internet resource the content was posted, at which conference the insults were made addressed to the victim, etc.). It is important to indicate as much initial data as possible so that during the investigation, an employee of the regulatory authority can easily familiarize himself with such material and verify the validity of the applicant’s claims;
• If there is a specific person whom the victim suspects of involvement in the spread of slander, then in the complaint you must write down any information known about him that can be used to identify him (the same is true if the act was committed by a group of people);
• A claim for slander must indicate the reason for such an act. The main motive for disseminating unpleasant information is personal motives or material interest. The reason must be sufficiently convincing (for example, personal hostility caused by a previously arising conflict between the parties, a desire to cause damage to the victim’s business, etc.), otherwise the initiation of a criminal case and monetary compensation will be denied. Such a decision will be made even if the citizen does not indicate such information, believing that this will not affect the decision based on the results of consideration of the application for slander;
• It should be clearly formulated what consequences the violator’s slander resulted in for the victim: deterioration of health, reduction in the revenue of his outlet, etc. It is preferable to confirm this information with relevant materials (for example, it could be an extract from the medical history), especially if it is subsequently filed claim for monetary compensation for moral and material damage;
• If the applicant managed to find witnesses to the incident and obtain their consent to testify, this can also be indicated in the text of the document;
• It is important to clearly outline your requirements and provide references to regulations that were violated due to the act of a third party;
• At the end of the document there should be a detailed list of materials that the citizen plans to transfer as evidence of violations of the law.

Important! If a complaint for slander is drawn up carelessly and without observing the specified rules, the claims contained in it will be denied.

Application to initiate a criminal case in court

To open criminal proceedings, the victim must submit an application to the territorial authority.

Facts to be stated.

A properly executed document includes:

• official name and actual address of the regional branch of the court;
• personal data of the applicant, his contacts;
• a brief description of the defamatory actions indicating the method of distribution;
• information about the alleged culprit;
• a request to initiate criminal proceedings;
• contact information for persons willing to testify;
• date and signature of the victim.

7 days are allotted for consideration and verification of the application. After the specified time has passed, the magistrate calls the potential criminal, gives him a copy of the document, explains the rights of the defendant and requests information about defense witnesses.

Rules for filing a claim

The writing is subject to statutory requirements set out in Art. 131 Code of Civil Procedure of the Russian Federation, art. 125 Arbitration Procedure Code of the Russian Federation. A claim for the protection of business reputation is filed against the investigative and inquiry authorities in writing. The structure of the document consists of several parts:

1. Introductory (you should indicate the name of the court, the parties involved in the case, contact information, the amount of the claim and the amount of the state duty).
2. Descriptive (states the grounds for the dispute).
3. Reasoning (references are made to the applicable rules of law, clauses of the contract or other agreements between the parties, depending on the complexity of the dispute, judicial practice with a similar subject of the dispute is indicated).
4. Final (the plaintiff indicates the requirements, the list of attached documents is determined, the authorized representative of the plaintiff signs the document, the date is indicated).

The text is presented in an official business style. Use abbreviations for long names, having previously identified them. For example: Federal Law No. 228-FZ of July 27, 2010 (hereinafter referred to as Federal Law No. 228). Visually, bulkiness is removed and the meaning is not lost. Indicate only those circumstances that are relevant to the case. There are no mandatory text formatting requirements, but we recommend using a font size of at least 12, 1.5 spacing, sequential page numbering, and Times New Roman or Calibri font.

When writing, divide the text into paragraphs. When reading, the perception of information will be most optimal and will allow you to divide the structure into certain blocks. Bold text is used to emphasize attention. But we recommend not to abuse it and use it in moderation.

Statement of claim to court

In Art. 152 of the Civil Code of the Russian Federation establishes the possibility of restoring business and social reputation, destroyed by the unlawful actions of a slanderer, in civil proceedings. To do this, the victim will need to correctly file a statement of claim with the regional branch of the court at the place of residence of the alleged criminal.

The applicant has the right to demand from the respondent:

• refutation of disseminated false information;
• compensation for financial losses caused by defamation;
• compensation for moral damage expressed in monetary terms.

If a criminal case is refused or a verdict is passed that does not satisfy the victim, it is allowed to file a claim to participate in the civil process.

How to hold people accountable

To go to law enforcement agencies or court, you need to have evidence of defamatory actions. Such evidence may include:

• written documents containing false and defamatory information (for example, a memo to management);
• snapshots of pages from Internet resources, social networks, email;
• audio and video recordings on which it is possible to establish the nature of the disseminated information and draw a conclusion about the identity of the violator;
• testimony of colleagues who were given false information.

To consider the case in court, it will be important to confirm the nature of the consequences that occurred after the slander. For example, if an employee was denied a transfer to a higher-paid position, the amount of compensation for moral damage will be significantly higher.

How to punish the culprit criminally? The application must be submitted to law enforcement agencies, but only a pre-investigation check will be carried out on the facts of slander.

The specified composition refers to cases of private prosecution, therefore, in order to initiate criminal prosecution, you need to send the application directly to the court.

According to Art. 128.1 of the Criminal Code of the Russian Federation, the culprit faces a fine or compulsory labor. The fine can be up to 500 thousand rubles. – the exact amount will be determined by the court, taking into account all the circumstances of the violation. If false information was expressed publicly (in the media, on television programs), the fine can reach 1 million rubles. Will affect the size of the fine and the status of the offender. If the crime was committed by a person using his official position, the fine will be up to 2 million rubles. There is no threat of imprisonment for libel, and compulsory labor can only be imposed as an alternative to a fine.

Contacting the prosecutor's office

The powers of the prosecutor's office include:

• verification of complaints against police officers who conducted investigations into slander, and analysis of the legality of the decisions made;
• approval of the indictment and support of the prosecution during the trial.

It is not advisable to submit an application for prosecution for the dissemination of false information discrediting the moral character of a citizen to the prosecutor's service.

The explanation is that prosecutors:

• do not take part in civil proceedings for compensation of damages;
• do not investigate notifications of violations;
• do not replace the police and the court, which are authorized to make decisions on the facts of individuals filing complaints of libel and punish criminals;
• do not monitor compliance with the law and are not empowered to take response measures against those responsible.

Prosecutor's officers accept statements from victims and forward them to the subordinate organization. No more than 5 days pass from the moment the document is registered. Therefore, to save time, it is better to contact the police station or court directly.

Statement of libel to the police and prosecutor's office

Defamation is a criminal offense and is punishable by a fine, the amount of which depends on the aggravating circumstances, or by compulsory labor.

By slander, the legislator understands the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation. If the crime is of a public nature, committed using an official position, or contains information that the victim has committed a serious or especially serious crime or has a disease that is dangerous for the people around him. All this forms qualified compounds, the punishment for which will be higher. The main motives for committing such a crime, as a rule, are revenge, envy or personal hostility towards the victim.

False information of an unpleasant nature is not considered a crime if it is said directly to the person to whom.

Note!

It is necessary to distinguish between slander and insults, since the latter is an administrative offense.

How to prove guilt

Criminal attacks on honor and dignity cause emotional distress, mental unrest and stress in the slandered person.

Nuances to prove that you are being slandered.

To compensate for moral damage, the victim will need to prove the guilt of the offender, including:

• unfounded accusations, lack of facts confirming the disseminated information;
• intentionality of actions performed with selfish motives.

The criminal pursues the goal of humiliating a person. Slander discredits the good name of a citizen, destroying his reputation and undermining the trust of others.

With witnesses

The best way to prove the dissemination of false information is to involve witnesses who can confirm the criminal intent of the accused. Testimony is given in court after taking the oath. At the same time, citizens participating in the procedural proceedings are notified of liability for false evidence.

In cases where slander accompanies the work process of the victim, interfering with the performance of official duties, colleagues act as witnesses. In civil lawsuits involving domestic disputes, a neighbor who has the information necessary to confirm the crime may be called to testify. Legal norms allow the participation of friends, relatives and acquaintances in civil proceedings.

If the court requires the testimony of bystanders who observed the slanderous attacks, measures to find them are entrusted to the victim.

No witnesses

Audio and video recordings, photographs, and printed materials can be used as material evidence of the slanderer’s guilt. This will strengthen the evidence base, speeding up the trial procedure.

We understand the concepts and signs of slander.

The lack of witnesses makes it difficult to identify the source of dissemination of defamatory information. Therefore, to find the culprit and confirm his involvement in the crime, investigative authorities use linguistic expertise.

The procedure includes the following:

• if the distorted information was transmitted in writing, an examination of the handwriting of the person suspected of libel is carried out;
• for the oral form of transmitting false data, an analysis of the speech characteristics of the offender is used, including the style of statements, the emotional coloring of individual expressions, methods of composing phrases, etc.

After such an examination, the crime is considered proven. Confessions are not required in court proceedings.

Where to go

Having prepared the necessary legislative framework, a citizen can apply to the following authorities:

1. Police.
2. Prosecutor's office
3. Magistrate's Court.

Before filing a defamation claim, it is important to impartially assess your chances of satisfying the stated claims and consolidate a sufficient amount of evidence. If the victim does not have the opportunity to attract witnesses or document the fact of dissemination of unpleasant information, then it is better to abandon this idea or seek help from an experienced lawyer who will tell you how to act correctly in the current situation in order to punish the culprit and receive financial compensation for the damage caused.

Important! If the Police or Prosecutor's Office refuse to initiate a criminal case, the accused will be able to go to court to file a counterclaim to protect his honor and dignity.

Police

You can file a complaint for slander at any police department, based on information about the location of the nearest territorial unit of the Ministry of Internal Affairs of the Russian Federation/district. Despite the fact that you can draw up such a document directly at the place of application, using the help of the police department on duty, it is better to do this in a calm environment so as not to forget to indicate important details and nuances. Read more: Complaint to the Police

Along with the claim, the duty officer is provided with additional materials and evidence according to the inventory it contains. And the applicant himself is informed “on signature” of responsibility for false denunciation. If the complaint is accepted, a corresponding notification coupon is issued, so there is no need to bring several copies of the document to the police department.

After studying all the stated facts and evidence, the Police may initiate a criminal case or refuse to satisfy the citizen’s demands.

The period for consideration of the case can be no more than 10 days, but if there are compelling reasons, it can be extended after notifying the applicant. Subsequently, the case is transferred to the magistrate for consideration on the merits of the issue.

Prosecutor's office

Due to the fact that the Prosecutor's Office has the right to bring the offender to justice without a trial, a citizen who is dissatisfied with the spread of slander against him can file a complaint with this law enforcement agency. In some cases, a representative of the Prosecutor's Office can even represent the interests of the victim in court, acting as a public prosecutor. In this case, the victim will be able to receive monetary compensation for the harm caused to him.

The prosecutor's office does not issue notification coupons confirming the fact that applications have been received. In this regard, the citizen should take with him two copies of the document, on one of which the authorized employee will mark acceptance. This can be done in your territorial division of the Prosecutor's Office, guided by https://genproc.gov.ru/contacts/map/.

Magistrate's Court

To protect his good name and reputation, a citizen can file a claim in the Magistrates' Court. To do this, you will need to use another document, which can be drawn up according to the sample.

You will also have to pay a state fee, which is a mandatory condition for considering such cases.

Three copies of the application are submitted to the court office, each of which is accompanied by a separate package of additional materials (if original documents are transferred, then after the end of the process they are issued to the plaintiff who transferred them). One of the advantages of legal proceedings is the opportunity, in the shortest possible time and without the participation of other authorities, to receive monetary compensation for damage caused due to the spread of slander by a third party.

Responsibility and punishment of the culprit

A citizen caught in slander will face fines or correctional labor. The money paid to the accused goes to the state budget. Social work is not paid.

The severity of the punishment depends on the circumstances of the case and the consequences caused by the criminal acts. When sentencing, the degree of moral and financial harm caused to the victim is taken into account. The amount of the fine and the period of unpaid work for the benefit of society are established by the court individually based on the results of the proceedings.

Based on the results of consideration of a civil claim, the victim has the right to expect to receive money from the offender as moral compensation. Financial resources are transferred to the personal account of the prosecutor.

Article 128.1 of the Criminal Code of the Russian Federation provides for criminal liability for defamatory actions for adult citizens over 16 years of age. The legislative document stipulates the maximum amount of fines for disseminating defamatory information. It amounts to 5 million rubles. In some cases, the court sentences the defendant to work free of charge on a voluntary basis for up to 480 hours.

Legal liability for libel: review of legislation – 2022

1. “Slander”: how it happened.

The criminal article “Slander” has a long and controversial history. An article with this name existed in the original version of the Criminal Code of the Russian Federation under number 129. In that version, it provided for liability under three elements: libel itself, public libel and libel with an accusation of a serious or especially serious crime. According to the first part, the accused was threatened with a fine, compulsory or correctional labor; according to the second - the same punishments or arrest for up to six months; according to the third - restriction of freedom, arrest or imprisonment for up to three years.

At the end of 2011, libel was decriminalized and transferred to the category of administrative offenses. But, as they say, the music did not play for long. Less than a year has passed since the article was returned to the Criminal Code. This happened at the end of July 2012. Today the article is listed as number 128.1. Given the fresh memory of decriminalization, at first it did not provide for punishment in the form of imprisonment or even arrest.

Everything changed when, at the end of 2022, the president signed the Federal Law “On Amendments to Article 128.1 of the Criminal Code of the Russian Federation.”

Read about how exactly everything has changed in our material.

And further. In December last year, the term “slander” was added to the Code of Administrative Offenses of the Russian Federation. By the way, both in criminal law and in the legislation on administrative offenses, libel is understood as the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation. The only difference is that in criminal proceedings citizens, that is, individuals, are held accountable, and in administrative proceedings - legal entities. This is understandable: you cannot put a legal entity in prison.

2. Liability for libel in 2022: what's new?

So, the article about slander has come a long way and entered a new turn of the historical spiral. Initially, it was a criminal offense, which provided for imprisonment for up to three years, then administrative, then again a crime, but with punishment without imprisonment. And now, as at the very beginning, the article again provides for punishment in the form of imprisonment, only for up to five years.

As it is said in the famous “Chernomyrdinka”: “This has never happened before, and here it is again.”

Indeed, with the entry into force of Federal Law No. 538-FZ of December 30, 2022 “On Amendments to Article 128.1 of the Criminal Code of the Russian Federation”, criminal liability for libel has been tightened.

Today, for defamation contained in a public speech, a publicly displayed work, the media, or - attention - committed publicly using information and telecommunication networks, including the Internet, or against several persons, including those not individually identified, a fine is imposed in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to one year, or compulsory labor for a period of up to two hundred and forty hours, or forced labor for a period of up to two years, or arrest for a period of up to two months, or deprivation freedom for up to two years. The variety of punishment options is impressive!

Further. For slander using one's official position, one can pay with a fine of up to two million rubles or in the amount of wages or other income for a period of up to two years, or by compulsory labor for a period of up to three hundred and twenty hours, or by forced labor for a period of up to three years, or by arrest. for a term of up to four months, or imprisonment for a term of up to three years.

If a person is slandered that he suffers from a disease dangerous to others, a fine of up to three million rubles or in the amount of wages or other income for a period of up to three years, or in the form of compulsory labor for a period of up to four hundred hours, or forced labor for a period of up to four years, or arrest for a term of up to six months, or imprisonment for a term of up to four years.

Finally, you will have to suffer the worst for false accusations of sexual harassment, that is, for accusations of committing a crime against sexual integrity and sexual freedom of the individual or another serious or especially serious crime. Here it’s already up to five years in prison. Other types of punishment increase proportionally.

With regard to the administrative liability provided for legal entities by Article 5.61.1. Code of Administrative Offenses of the Russian Federation, then they face a fine of five hundred thousand to three million rubles for libel. And nothing more.

3. The evolution of slander and its effects.

When in the summer of 2012, libel from an offense again became a crime (meaning, the adoption of Federal Law No. 141-FZ of July 28, 2012 “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”), this was explained by the author of the legislative initiative parliamentarian Pavel Krasheninnikov, that the decriminalization of libel “did not give the desired result, but rather the opposite.” But with the return of slander to the Criminal Code, there is less “public garbage”.

Experts who analyzed the practice of criminal cases after 2012 noted that Article 128.1 is perhaps the only one in the Criminal Code under which the number of acquittals significantly exceeded the number of convictions. For example, in 2013, 107 were convicted and 520 were acquitted; in 2014 - 141 people and 663 people, respectively.

There is a certain signature of the times in the fact that the current norm on libel lives in the Criminal Code precisely in the wording provided for in Article 128.1. And, of course, it is too early to talk about law enforcement practice, since not even six months have passed since the new edition came into force, although the notorious handwriting of time gives its own clues as to how it will develop.

But at the same time, today there are proposals from the liberal public to transfer both slander and insult to the rank of administrative offenses. It seems that if this happens, it will not be soon. On the Internet there was an opinion: “A society in which the main law is the Criminal Code is abnormal... That is, in our country all legal relations are considered through the prism of the Criminal Code. When the main code is the Civil Code, we will live in a different society.”

Wait and see.

Victoria Burla

For

April 27, 2022

Limitation periods

The legal framework specifies the statute of limitations for filing a defamation claim. After two years from the date of commission of the offense, the victim loses the right to bring to justice the person who violated the law prescribed in Art. 128.1 of the Criminal Code of the Russian Federation.

There is no time limit for filing civil claims to refute false information and pay moral compensation. There are no statutes of limitations for them, with the exception of information published in the media. In such cases, the application must be submitted no later than one year from the date of publication.

A claim for compensation for damages must be submitted to law enforcement agencies within three years from the time the slanderous attacks were discovered. After this period, even with a strong evidence base, the perpetrator will escape punishment.

What it is

Slander: what is it?
Article 128.1 of the Criminal Code of the Russian Federation, sample statements, liability Often words and phrases cause more negative consequences than physical harm. False information communicated to colleagues in the company and furnished with fictitious details can lead to a loss of trust on the part of management and other employees and create unbearable psychological pressure. In such a situation, it is possible to bring the perpetrators to justice under the Criminal Code of the Russian Federation.

Article 128.1 of the Criminal Code of the Russian Federation provides for sanctions for libel, and contains the main features of such a crime:

• The concept of slander includes any dissemination of information that is a deliberate lie;
• the specified information must discredit honor, dignity or business reputation, i.e. cause damage to personal non-property rights;
• The method of dissemination of information, as well as the size of the potential audience, is important for the division of responsibilities between different parts of Art. 128.1 of the Criminal Code of the Russian Federation - public statements or publications in the media or at public events entail tougher sanctions.

It must be taken into account that the crime in question is of an evaluative nature. Therefore, the nature of the fight against slander will depend on how the victim himself perceives the words and phrases, as well as the reaction to them from colleagues.

Falsity of information consists in the absence of a certain event, fact or action, and these circumstances can be verified.

Therefore, information of a general nature that is not subject to verification from objective sources of information is not considered as slander. In the course of bringing to justice, the falsity of the disseminated information will necessarily be proven.