Insulting a person on the Internet: is there an article for this and how to use it?

If you have a need to protect your honor, dignity, or business reputation, you can contact us by ordering a service. A specialized lawyer will evaluate possible ways to solve the problem.

Insulting individuals on the Internet has unfortunately become commonplace. It is on the Internet that false information is published en masse. But can the culprit feel safe after such comments and articles? What is the liability for online abuse? We will talk about these and other issues today.

The problem of applying Art. 282 of the Criminal Code of the Russian Federation.

Composition of Art. 282 of the Criminal Code of the Russian Federation is one of the most problematic in the criminal code. This problem lies in the fact that the article includes partially other components, and the objective side itself is very poorly developed. In this regard, we do not recommend using it for insults on the Internet, especially since there are other possibilities and compositions.

Reference. Article 282. Inciting hatred or enmity, as well as humiliation of human dignity. Actions aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group, committed publicly or using means mass media or information and telecommunication networks, including the Internet.

The article has qualifying compositions:

1. with the use of violence or the threat of its use;
2. by a person using his official position;
3. organized group.

How to prosecute for public insult on the Internet (social networks)? Court, procedure

Initiation of a case under Art. 128.1 of the Criminal Code of the Russian Federation is possible in private, since the article relates to a private prosecution. In this regard, the beginning of the process will always be an application to the court. The same procedure is prepared for 5.61 of the Code of Administrative Offenses of the Russian Federation, only the application must be sent to the prosecutor, since he is authorized to initiate administrative proceedings under this article.

As for liability under Art. 152 of the Civil Code of the Russian Federation, then here we are talking about a statement of claim to the court for the protection of the honor and dignity of a citizen, compensation for moral damage, possibly losses (if any and can be proven), which can be prepared by an Internet lawyer.

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 needs to be proven in case of insult on the Internet?

Criminal liability will be the most difficult to prove, since knowledge is required when disseminating false information, i.e. the person involved knew for sure that this information was false. Otherwise, the actions do not form a culpable element; you need to turn to the Civil Code of the Russian Federation.

Civil liability requires proof of the following:

1. Dissemination of information.
2. An indication that the information does not correspond to reality (it is not necessary to prove that it corresponds to reality; this is the responsibility of the defendant).
3. Defamatory nature of the information.

Reference. Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 24, 2005 No. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”

The dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities should be understood as publication of such information in the press, broadcast on radio and television, demonstration in newsreels and other media, distribution on the Internet, as well as using other means of telecommunications, presentation in official characteristics, public speeches, statements addressed to officials, or communication in one form or another, including oral, to at least one person. The communication of such information to the person to whom it concerns cannot be recognized as its dissemination if the person who provided this information took sufficient confidentiality measures so that it does not become known to third parties.

Courts should keep in mind that if untrue defamatory information was posted on the Internet on an information resource registered in accordance with the procedure established by law as a mass media, when considering a claim for the protection of honor, dignity and business reputation, it is necessary to be guided by the rules related to the media.

Untrue information is statements about facts or events that did not take place in reality at the time to which the disputed information relates. Information contained in court decisions and sentences, decisions of preliminary investigation bodies and other procedural or other official documents, for appeal and challenge of which another judicial procedure established by law is provided for, cannot be considered as untrue (for example, cannot be refuted in accordance with Article 152 Civil Code of the Russian Federation information set out in the dismissal order, since such an order can only be challenged in the manner prescribed by the Labor Code of the Russian Federation).

Defamatory, in particular, is information containing allegations of a citizen or legal entity violating the current legislation, committing a dishonest act, incorrect, unethical behavior in personal, public or political life, dishonesty in the implementation of production, economic and entrepreneurial activities, violation of business ethics or customs business transactions that detract from the honor and dignity of a citizen or the business reputation of a citizen or legal entity.

Responsibility and punishment

According to the Code of Administrative Offenses of the Russian Federation, the offender faces administrative liability. The following penalty is provided:

• 3000-5000 rubles for ordinary citizens;
• 10-30 thousand rubles for officials;
• 100-500 thousand rubles for legal entities.

Liability is also provided for when an official or legal entity did not take measures to prevent the insult. The fine in this case is 10-30 or 30-50 thousand rubles, respectively.

Liability for an insult inflicted on the Internet can also be criminal if it amounts to libel:

• if the information is knowingly false, then the punishment may be a fine of up to 0.5 million rubles or compulsory work of up to 160 hours;
• if the offender took advantage of his official position, then a fine of 2 million rubles or compulsory work of up to 320 hours is imposed;
• if the insult contained slander about a disease dangerous to others or a crime of a sexual nature, then the insulter will face a fine of up to 3 million rubles or compulsory labor of up to 400 hours.

What is the list of evidence for insult?

The list may vary significantly under specific circumstances, but a number of pieces of evidence can be highlighted:

1. A notarial protocol for the inspection of the site, which records the information that is disputed.
2. Linguistic examination, establishing the defamatory nature of information, its factual nature (not a value judgment). It is not always required, in situations where there is no clearly defamatory nature of the information or the information is not in whole or in part factual in nature.
3. Information about the number of visits to a site page (can be requested from the administration of the web resource).
4. Documents and information characterizing the applicant’s personality, professional qualities, skills and abilities. Depending on the content of the information that is disputed.

If you have a need to protect your honor, dignity, or business reputation, you can contact us by ordering a service. A specialized lawyer will evaluate possible ways to solve the problem.

Possible difficulties

1. The legislation of the Russian Federation does not have a clear list of indecent words that are an insult. Hence it turns out that the degree of damage to the individual is assessed by the judge. Also, possible difficulties may arise with modern slang, when it is difficult to determine the meaning of a word. In this case, the judge orders a linguistic examination.
2. It happens that it is not possible to determine whether offensive words are directed at the victim or whether they simply describe the situation. In this case, the offender may go unpunished.
3. If personal insult occurs in the media, then the editors of the publishing house are responsible for this, and not the author of the material.
4. There have been situations when the offender denied that he wrote a post or message of an impartial nature. Therefore, when taking screenshots, do not forget to also take a photo of the username with the phone number attached to it, on behalf of which the insult came.
5. It is difficult to prove that you were insulted if your name is not indicated in the text. Even in personal messages, the offender may refer to an error in choosing the recipient.