What ways to protect human dignity are possible. The concept and dissemination of information discrediting honor and dignity and business reputation. Protection of honor, dignity and business reputation of a citizen

24.06.2020

Each person has such benefits as honor, dignity, business reputation, and a legal entity - business reputation.

Honour - it is a public assessment of the individual from a socio-ethical point of view, a certain measure of spiritual, social qualities person.

Dignity - self-esteem, the idea of one's own worth as a person. The dignity of the human person is recognized by the state on an equal basis for all members of society, which does not exclude the recognition of the great merits of some over others.

Business reputation of a citizen determined by the level of his professional qualifications, and legal entity - assessment of production or other activities in accordance with its legal status in business and market relations.

In organic unity with the concept of "honor" as a certain social assessment of a person, there is a category of dignity, which is a certain reflection of this social assessment in the mind of the subject himself.

The meaning of the term "reputation" largely coincides with the concept of honor. However, in the reputation of the individual, its business qualities than ethical ones.

Under business reputation should be understood as one of the aspects of reputation in general, which reflects the prevailing opinion about the qualities of the subject in the sphere of his professional activity.

The honor and dignity of the individual, the business reputation of a citizen and a legal person are inextricably linked with the law, since their restriction or loss entails a decrease in a certain status in legal relations with other subjects. Therefore, honor, dignity, business reputation are the most important social and legal values for any state and society that need appropriate legal protection.

The issue of legislative protection of honor, dignity and business reputation- this is primarily a question of human rights, their real provision, the possibility of their implementation guaranteed by the state.

In the civil law sense, the categories of honor, dignity and business reputation should be considered as social non-material benefits protected by civil law, and as special subjective rights.

Each subject of law is endowed with a certain set of political, property, personal non-property rights that determine it. legal status. These include subjective rights to honor, dignity and business reputation. These rights are elements of the legal personality of a citizen or organization (legal entity). Legal personality is a special specific legal property of an individual. By virtue of this property, he, as a subject of law, is endowed with a certain set of rights from the moment of birth. Legal personality determines to some extent the position of citizens in society, expresses the relationship between citizens and the state.

The right to honor, dignity and business reputation is an absolute subjective right due to the fact that the subjective right of an authorized person corresponds to the duty of an indefinite circle of persons. The content of this universal obligation is to refrain from encroaching on the honor, dignity and business reputation of an individual or legal entity. The state protects the honor, dignity and business reputation of citizens or organizations, respectively ( legal entities) the establishment of a universal obligation to refrain from encroachment on these social benefits and the provision of judicial protection in cases of their violation.

The right to honor, dignity and business reputation, as well as the fundamental rights enshrined in the Constitution of the Russian Federation, are of real importance for subjects of law, not only when it is violated, but also independently of it. Giving this or that natural and legal person certain rights, the state provides the necessary system of guarantees for their implementation and protection, for the implementation of the rule of law in Russian Federation, as well as providing for the liability of obligated persons.

Civil legislation establishes the provision that inalienable human rights and freedoms and other intangible benefits are protected by civil law, unless otherwise follows from the essence of these intangible benefits (clause 2, article 2 of the Civil Code of the Russian Federation). At the same time, in Art. 150 of the Civil Code of the Russian Federation defines an approximate list of legally protected intangible benefits, divided into two groups:

intangible benefits acquired by citizens by virtue of birth and by legal entities by virtue of creation;
intangible goods acquired by them by virtue of the law.

To the blessings first group The Civil Code of the Russian Federation refers to life, health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets. They objectively exist regardless of their legal regulation and need legal protection only in the event of an encroachment on these benefits. At the same time, as noted, the right of citizens to honor, dignity and business reputation is their constitutional right, and the business reputation of legal entities is one of necessary conditions their successful activities.

To intangible goods second group includes the right of free movement, the right to choose a place of stay and residence, the right to a name, the right of authorship, and other personal non-property rights. They are the subjective rights of a particular legal relationship and thus have already been regulated by the rules of law. In case of violation, these rights enjoy legal (legislative) protection.

The right to protection of honor, dignity and business reputation is enshrined in Art. 152 of the Civil Code of the Russian Federation. According to paragraph 1 of this article, a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true.

It follows from the content of this rule that the right to refutation can only exist in relation to the dissemination of defamatory information. It is also important that such a right arises regardless of the method of dissemination of such information, and not only as a result of publications in the media, as was the case before. The same paragraph states that, at the request of interested persons, it is allowed to protect the honor and dignity of a citizen even after his death. Indeed, discrediting information about such a person should not belittle the reputation, good name of his family and other subjects of legal relations. At the same time, the legislator gives an indefinitely wide range of possible plaintiffs, using the phrase "at the request of interested parties."

Information circulated in the media that does not correspond to reality must also be refuted in the media, and if the specified information is contained in a particular document emanating from the organization, such a document is subject to replacement or revocation. As for the procedure for refuting other situations, it is established by the courts (clause 2, article 152 of the Civil Code of the Russian Federation).

In accordance with paragraph 3 of this article, a citizen in respect of whom the media have published information that infringes on his rights or legitimate interests has the right to publish his answer in the same media. Attention should be paid to one significant circumstance arising from the content of Art. 152, which refers to the dissemination in the media of information "defaming the honor, dignity or business reputation of a citizen" (p. 2), as well as "infringing on his rights and legitimate interests" (and. 3). In the first case, it is indicated that such information must be refuted in the same mass media, and in the second case, the citizen is granted the “right to publish his answer.”

In accordance with Art. 208 of the Civil Code of the Russian Federation on requirements for the protection of personal non-property rights and other intangible rights statute of limitations does not apply except as provided by law.

If it is impossible to identify the person who disseminated information that discredits the honor, dignity or business reputation of a citizen, the injured person has the right to apply to the court for recognition of the disseminated information as untrue (paragraph 6 of article 152).

In case of non-compliance with the court decision, the court is authorized to impose a fine on the violator. The fine is imposed in the manner and amount established by the civil procedural legislation, and is collected in the income of the Russian Federation. It also provides for the possibility of compensating the injured citizen for losses and moral damage caused by the dissemination of defamatory information (and 5, article 152).

Thus, the ways to protect honor, dignity and business reputation in civil law are refutation and compensation (reimbursement) to the victim of moral harm. At the same time, a refutation is understood as bringing to the circle of persons among whom the information was disseminated information about the recognition by the court as untrue, and moral damage (in accordance with Article 151 of the Civil Code of the Russian Federation) - recognition of physical or moral suffering of the victim.

Compensation for moral damage as a way to protect honor, dignity and business reputation

In civil law harm refers to adverse changes in a legally protected good. At the same time, one should distinguish property and non-property(moral injury. However, this does not mean that the infliction of property damage does not entail the experiences or suffering of the victim, and in this aspect, these concepts, in their consequences, are in a certain sense interconnected and interdependent.

It should be noted that as a result of diminishing the honor and dignity of citizens, as well as the business reputation of citizens or legal entities, they are inflicted with moral harm subject to compensation (Article 151 of the Civil Code of the Russian Federation). In other words, non-property (moral) harm involves, first of all, various moral, emotional experiences caused by an offense. Moral harm often makes the victim suffer more sensitively and more acutely than property damage: without causing property damage to the victim, he causes severe moral suffering and mental anguish. Moral harm means, in particular, a violation of the mental well-being, peace of mind of the individual.

In this way, moral injury represents the undergoing of physical or moral suffering, the narrowing of the freedom of the individual, and therefore it should not remain outside the scope of law.

Moral damage is mentioned in Art. 12, 151, 152, 1099-1101 of the Civil Code of the Russian Federation. Currently, the legal assessment of the essence of moral harm, by which the legislator understands the infliction of physical or moral suffering on a citizen, is enshrined in Art. 151 of the Civil Code of the Russian Federation.

Paragraph 2 of the Resolution of the Plenum of the Supreme Court dated December 20, 1994 No. 10 “Some Issues of the Application of Legislation on Compensation for Moral Damage” (as amended on February 6, 2007) states that moral damage is understood as moral or physical suffering caused by actions (inaction) that encroach on non-material benefits belonging to a citizen from birth or by virtue of law or violate his personal non-property or property rights. It is further noted that a person’s moral experiences and suffering can be associated “with the loss of relatives, the inability to continue an active social life, the loss of work, the disclosure of family, medical secrets, the dissemination of untrue information that discredits the honor, dignity and business reputation of a citizen, temporary restriction or deprivation of any rights.

The duty of the offender to compensate for the moral (moral) damage caused to him is a measure of a certain responsibility, which has a preventive value in protecting the rights of the individual, which does not allow impunity to detract from his honor, dignity, business reputation. Compensation for moral damage is, in turn, one of the ways to protect civil rights (Article 12 of the Civil Code of the Russian Federation).

The Civil Code of the Russian Federation provides for the grounds, methods and amount of compensation for moral damage recovered by the court, in particular:

compensation for moral harm (physical or moral suffering) is carried out in case of violation of the personal non-property rights of a citizen or infringement of intangible benefits belonging to him (including honor, dignity and business reputation), as well as in other cases provided for by law (Article 151) ;
provides for compensation for moral damage to a legal entity in respect of which there was a dissemination of untrue information discrediting its business reputation (clause 7 of article 152);
compensation for moral damage, in particular, caused by the dissemination of information discrediting honor and dignity or business reputation, is carried out regardless of the fault of the tortfeasor;
compensation for non-pecuniary damage is carried out only in cash and is determined depending on the nature of the physical and moral suffering caused to the victim, as well as on the degree of guilt of the tortfeasor in cases where guilt is the basis for compensation for harm (paragraph 1.2 of article 1101).

It should be noted that for the first time in relation to the amount of compensation for moral harm, the legislator established that when determining it, the requirements of “reasonableness and justice” (clause 2 of article 1101 of the Civil Code of the Russian Federation), as well as “the degree of physical and moral suffering associated With individual feature person who has been harmed” (art. 151).

The statute of limitations does not apply to claims for compensation for moral damage, since they arise from a violation of personal non-property rights and other intangible benefits (clause 1, article 208 of the Civil Code of the Russian Federation).

The impossibility of accurately determining the monetary or other property equivalent should not deter the courts in making decisions on compensation for moral damage, in particular, in the form of monetary compensation. According to the law, the victim himself subjectively assesses the severity of the moral damage caused to him and indicates a certain amount in the claim.

Judicial protection of honor, dignity, business reputation

Civil legislation is based on the inadmissibility of arbitrary interference by anyone in private affairs, the need for unhindered exercise of civil rights, ensuring the restoration of violated rights, their judicial protection (clause 1, article 1 of the Civil Code of the Russian Federation).

Judicial defense is a measure of state coercion provided for by law, aimed at protecting rights and freedoms and eliminating the consequences of their violation, implemented in civil proceedings, one of the important means of initiating which is a lawsuit.

Right to judicial protection should be considered as a constitutional subjective right of an individual or legal entity, which in civil proceedings is realized through a whole range of powers: the right to appeal to the court in general and to a particular court; the right to an objective consideration of the claims filed by the plaintiff; the right to make a lawful and reasoned decision, as well as the right to initiate cassation and supervisory proceedings and to enforce the judgment.

In accordance with the legislation, any interested person has the right to apply to the court in accordance with the established procedure for the protection of a violated (or disputed) right or legally protected interest. A citizen, whose honor, dignity and business reputation has been diminished, and an organization (legal entity), if its business reputation has been discredited, have the right to file claims for refutation of disseminated untrue, discrediting information.

The communication of discrediting information to the person whom it concerns is not recognized as dissemination. In such cases, a citizen who has been informed of information that is offensive to him has the right to apply to the court with a request to initiate a case to bring the perpetrator to criminal liability under Art. 130 of the Criminal Code of the Russian Federation. Such an insult is considered inflicted in the absence of distribution of any information about the victim to third parties, “one on one” (for example, an obscene gesture, an insulting letter to the victim containing obscene language, etc.). The listed actions detract from the dignity of a person and give rise to the right not only to initiate a criminal case under the article, but also to compensation for moral harm (if the harm-doer is at fault).

According to paragraph 6 of Art. 152 of the Civil Code of the Russian Federation, in circumstances where it is impossible to establish a person who has disseminated information that discredits the honor, dignity and business reputation of a citizen or the business reputation of a legal entity, the person in respect of whom this information is disseminated has the right to apply to the court for recognition of the disseminated information as inappropriate reality.

An equally important prerequisite for the emergence of the right to bring a claim for a person applying for judicial protection is civil legal capacity. Giving subjects the ability to have civil rights and obligations, the legislator also provides them with the ability to apply to a court or other jurisdictional body for the protection of their right or interest, to be a defendant or other subject of the process and to have civil procedural rights and obligations.

Cases on claims for the protection of honor, dignity and business reputation under Art. 152 get excited by general rules initiation of civil cases in court. Such a case can be initiated by filing a claim by citizens or organizations (legal entities).

As noted above, in cases of protection of honor, dignity and business reputation, the burden of proving that the widespread defamatory information is true lies with the defendant, the plaintiff is only obliged to prove the very fact of their dissemination by the person or organization against which the claim is filed.

It should be noted that the possibility of a real execution of a judgment is provided even during the period of acceptance of a statement of claim, preparation and consideration of a civil case, including the protection of honor, dignity and business reputation. Thus, the court may take measures to secure the claim by prohibiting final decision in the case of further dissemination of information discrediting the plaintiff. The court is obliged to take all measures, regardless of the stage of the process, to resolve the dispute, while avoiding infringement of the rights and legitimate interests of each of the parties.

They are inseparable benefits of the individual. Citizens also have a business reputation. It is formed in the course of their implementation economic activity. Legal entities also have a business reputation. All these benefits are protected by law.

The concept of honor and dignity

An assessment is established for an individual in terms of social and ethical norms. Honor refers to a certain measure of the socio-spiritual qualities of a person. At the same time, each subject has its own idea of its value. It is called dignity. It is recognized by the state for all members of society equally. The concepts of dignity and honor determine the attitude towards the subject as highest value. These categories are closely related. Dignity acts as a certain reflection of honor as an assessment of society in the mind of the subject. Together, these categories form an organic whole, an integral feature of personality.

Business reputation

For people, it is determined by the level of professional qualifications, and for a legal entity - by indicators of production and other economic activities in accordance with its legal status within the framework of market relations. The content of the term "reputation" largely coincides with the definition of honor. However, the first reflects mainly professional, entrepreneurial qualities, and the second - more ethical.

Regulatory support

The above categories are closely related to legal provisions. Each subject has the right to protection of honor, dignity, business reputation. The limitation or loss of these benefits leads to a decrease in the established status in relations with other subjects. In this regard, the civil law protection of honor, dignity, business reputation is the most important direction of state social policy. Within the framework of the legal system, these categories are considered as intangible benefits and as special subjective possibilities.

Legal personality

It determines to some extent the position of individuals in society, reflects their relationship with the state. Each subject is endowed with a certain set of non-property and property, political rights. They reflect it legal status. These rights act as elements of legal personality. It, in turn, is a specific property of each individual. The right to dignity, honor and others is recognized as absolute. This is due to the fact that its implementation is ensured by the obligation of an indefinite number of persons. It consists in refraining from any encroachment on the honor, reputation, dignity of the subject. This obligation is enshrined in constitutional provisions, as well as other legislative norms. In case of violation of the regulations, judicial protection of honor, dignity and business reputation is provided.

Important point

The right to honor, reputation, dignity, as well as other non-property benefits enshrined in the Constitution, are of practical importance for subjects not only in case of their violation, but also regardless of it. When empowering an individual or legal entity, the state provides an appropriate system of guarantees. It forms the conditions in which the implementation and protection of rights is carried out.

Classification

The provision is fixed that inalienable freedoms and rights, intangible benefits are protected by legal norms, unless otherwise follows from their essence. At the same time, Art. 150 of the Civil Code defines a list of such categories and divides them into 2 groups. The standard establishes intangible benefits that are acquired by virtue of:

birth (for individuals) or creation (for legal entities);
law.

The first legislation refers to health, dignity, personal integrity, life, good name, honor, family and personal secrets, business reputation. These categories exist regardless of their legal regulation. Protection of the dignity, honor and business reputation of the subject, as well as other benefits listed above, is carried out only in case of encroachment on them. The second group includes the possibility of choosing a place of residence and stay, freedom of movement, etc. They act as subjective rights in a specific respect. Accordingly, they are regulated by statutory provisions.

The specifics of the protection of non-property goods

There is a specific rule, the provisions of which regulate the protection of honor, dignity and business reputation. The article in which they are contained determines general order implementation of state guarantees that ensure the protection of these benefits. For example, this concerns the dissemination of information that denigrates a person. According to Art. 152 of the Civil Code of the Russian Federation, the subject may demand its refutation. At the same time, the person who made the information public may avoid liability if he proves that the information is true. In essence, Art. 152 of the Civil Code of the Russian Federation, the opportunity to demand a refutation exists only in relation to slanderous data. Here it is worth saying that it occurs regardless of the method of disclosure of information. At the request of the interested parties, refutation is also possible after the person's death. Discrediting information should not cause damage not only to the person himself, but also to his relatives, as well as other participants in the relationship. The legislator provides for an indefinite circle of admissible plaintiffs, using the expression "at the request of interested parties" in the norm.

Specificity of refutation

Information that does not correspond to reality may be published in the media. Accordingly, they must be refuted in them. If such information is contained in any document, it must be withdrawn or replaced. Determining the procedure for refuting information in other cases refers to the decisions of the courts. According to Art. 152 of the Civil Code of the Russian Federation, the subject, in respect of which the media disseminated data that does not correspond to reality, has the opportunity to publish a response. Here it is necessary to note an important point. This rule refers to information that denigrates the honor, dignity, reputation, and data that infringe on the rights and interests of the subject. In the first case, it was established that the refutation is published in the same media, and in the second case, the person has the opportunity to publish his answer.

General rules

According to Art. 208 of the Civil Code does not apply to claims for the protection of intangible rights, with the exception of cases stipulated by law. If it is impossible to identify the person who disseminated the slanderous information, the victim may file an application for recognition of it as untrue. If the obligated subject fails to comply with the decision taken in favor of the victim, the court may impose a monetary penalty. The amount and procedure for recovery is established in accordance with the Code of Civil Procedure. The legislation also stipulates the possibility of compensation for material and moral damage to the victim, which arose as a result of the dissemination of data denigrating him.

conclusions

Thus, the protection of honor, dignity and citizenship can be carried out in several ways. First of all, it is he who can present a demand for the refutation of slanderous information. It involves bringing to the attention of the persons among whom it was distributed, data on the recognition of it as not corresponding to reality. In addition, the protection of dignity, honor and business reputation is carried out by recovering moral and material damage from the perpetrator. The first is the recognition of emotional or physical suffering.

Characteristics of moral damage

Harm in civil law is understood as adverse changes in the good protected by law. Damage can be non-property and property. At the same time, the occurrence of the latter does not mean that the suffering and feelings of the victim do not appear. In this aspect, these categories are interdependent in a certain sense. As a result of diminishing the dignity and honor, as well as the reputation of persons, moral damage takes place, and it is subject to compensation. This rule is established by art. 151 GK. Moral damage involves, first of all, various emotional, moral experiences caused by the violation. This harm often makes one suffer more acutely than property damage. without causing material damage, it entails severe mental anguish. Moral harm is accompanied by a violation of mental well-being, emotional balance of the individual. It follows from this that it is accompanied by the undergoing of psychological or physical suffering, as well as the narrowing of the freedom of the individual and, therefore, cannot remain outside the legal sphere. Moral damage is mentioned in various norms of the legislation. For example, it is listed in Art. 1099-1101, 152, 12, 151 GK. The legal assessment of the essence of this harm is enshrined in Art. 151. Explanations on this issue are also provided in the decision of the Plenum of the Supreme Court No. 10. In paragraph 2 of this document, in particular, it is said that physical or moral suffering should be considered as moral harm resulting from inaction / actions that encroach on the intangible benefits available to persons by virtue of law or from birth or violating his property or non-property (personal) rights. This condition may be due to various reasons. For example, suffering can be caused by the loss of relatives, the inability to continue active participation in social life, the loss of a job, temporary restriction / imprisonment, disclosure of family), the dissemination of information that does not correspond to reality.

Compensation specifics

The duty of the violator to compensate for the moral harm caused to him by his behavior acts as a measure of responsibility. It has a preventive (warning) value in the field of personal protection. Protection of dignity, honor and business reputation through the recovery of moral damages can be carried out in different ways. In particular, the legislation provides for compensation for:

For the dissemination of data that does not correspond to reality, denigrating a legal entity. This method is provided for in paragraph 7 of Art. 152.
For the dissemination of information that denigrates the subject, regardless of the fault of the tortfeasor.
In case of violation of the non-property rights of a citizen or infringement on the intangible benefits that he has, as well as in other cases established by law.

Recovery of moral damages is made exclusively in money. The amount is established in accordance with the nature of the physical and psychological suffering that was caused to the person, as well as the degree of guilt of the offender in cases where it acts as a basis for applying this method protection.

Nuances

Considering the features of protecting honor, dignity and business reputation, it should be noted that when determining the amount of compensation, the principles of justice and reasonableness, the level of emotional and physical suffering that are associated with individual qualities the subject who is the victim. The inability to accurately determine the amount of monetary or other equivalent cannot act as an obstacle to making decisions on compensation for moral damage. In accordance with the norms, the victim independently assesses the severity of the harm caused to him, and indicates a specific amount in his claim.

Excitation of production

The legislation proceeds from the inadmissibility of arbitrary intrusion into someone's private life, the need for the subjects to freely and unimpededly exercise their legal capabilities, and ensure their restoration in case of violation. Protection of the rights of citizens acts as fundamental principle and guaranteed by the state. The legislation provides for certain measures of state coercion. They are aimed at protecting the freedoms and interests of subjects, eliminating negative consequences arising from their violation. These measures are implemented in the order of civil judicial proceedings. The norms establish the procedure in accordance with which the consideration of applications and complaints is carried out. To initiate proceedings, the injured person must file a claim. Protection of honor, dignity and business reputation acts as a constitutional subjective legal possibility. It is implemented through a certain set of powers. In particular, it provides for an appeal to the court as a whole and to a specific instance, the opportunity to count on an objective consideration of the stated requirements, on the issuance of a reasoned and lawful decision. In addition, the protection of the rights of citizens is carried out in the order of appeal and cassation proceedings. Important also has the obligation to comply with the decision.

The specifics of presenting claims

According to the norms of the law, the protection of dignity, honor and business reputation can be carried out by any entity whose intangible benefits have been encroached upon. At the same time, it should be taken into account that the communication of defamatory information to the person to whom it concerns will not act as the dissemination of this data. In such cases, the protection of dignity, honor and business reputation can be carried out in accordance with the norms of criminal law. In particular, the subject may be guided by the provisions of Art. 130 of the Criminal Code. In this situation, there is an insult inflicted in the absence of dissemination of information about the victim to third parties. For example, the perpetrator showed an obscene gesture, sent a letter to the victim with obscene language, and so on. These actions detract from human dignity and give rise to the right not only to initiate proceedings, but also to compensation for moral damage.

Protection of intangible goods on the Internet

In the information space, it is very easy to spoil the reputation, harm the dignity and honor of the subject. For this, a variety of means are used. This and a variety of forums, news feeds, bulletin boards. Quite often on the sites there are references to the dishonesty of certain organizations, low-quality services. As a result of discrediting the reputation, potential customers are lost, and financial losses occur. Currently, the problems of protecting honor, dignity and business reputation on the Internet are quite acute. This is primarily due to the lack of clear regulatory regulation of relations in information sphere. The dissemination of information on the Internet is considered a relatively new way of publishing certain data. Therefore, there is no sufficient practice to resolve disputes arising from the publication of false, slanderous information. In addition, specialists providing legal assistance to subjects are often incompetent. For example, a civil lawyer is experienced in defending the interests of a person violated in traditional ways, but at the same time, he may not have sufficient experience in participating in proceedings related to the dissemination of defamatory data on the network. As a result, illegal actions remain virtually unpunished.

Gaps in the regulatory framework

Protection of dignity, honor and business reputation on the Internet must be effective and based on the norms of the law. However, it is not enough to declare that the rules regarding the dissemination of information in traditional media also apply to electronic platforms. When resolving disputes, it should be borne in mind that if defamatory information was published on a resource registered as a media outlet, one must be guided by the relevant rules. Namely, those provisions that regulate the activities of television and radio companies, print media. The list of "traditional" mass media is specified in Art. 2 FZ "On Mass Media". Thus, in case of a one-time dissemination of data that does not have a sign of periodicity, the provisions of this Law are not subject to application. The Federal Law "On the Mass Media" binds the permanent name of the publication to the mass media. Changing it involves a rather complicated procedure. For a website, everything is much simpler - "traditional" rules do not apply here. If we talk about the form of providing information, then there are no strict requirements regarding this. In the definition of mass media, the law specifies "other publications" besides traditional ones. This term can be called not only the electronic version of the paper edition, but also resources that do not have paper forms. The fact that they exist only in digital form does not exclude their classification as mass media. From all that has been said, it follows that the aforementioned Law does not fully solve the problems that arise with the dissemination of information in virtual publications.

Legal practice

It should be noted that instances of general jurisdiction, as well as arbitration, often experience difficulties in resolving disputes arising from the dissemination of information on the Internet. Moreover, not every civil lawyer will undertake to assist the injured subject. Among the main difficulties, one should single out the difficulty of determining persons who can be held liable and will be required to compensate for the damage caused. In addition, there is the problem of fixing evidence, recognizing their reliability and admissibility. On the Internet, people have the opportunity to be anonymous. This significantly complicates the identification of authors, sources of discrediting information. To prove the fact of dissemination of slanderous information, it is necessary to carry out a number of difficult procedures. As a result, very often it is not possible to identify the culprit. All these problems need to be addressed. This requires appropriate additions to the existing legislative framework.

Civil Code of the Russian Federation Article 152. Protection of honor, dignity and business reputation

(see text in previous edition)

1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. The refutation must be made in the same way that information about the citizen was disseminated, or in another similar way.

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed even after his death.

2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in respect of whom the said information is disseminated in the mass media has the right to demand, along with a refutation, also the publication of his answer in the same mass media.

3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in connection with this the refutation cannot be brought to public attention, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of the further dissemination of the specified information by withdrawing and destruction, without any compensation, of copies of material carriers made for the purpose of introducing into civil circulation containing the specified information, if without the destruction of such copies of material carriers, the removal of the relevant information is impossible.

5. If information that discredits the honor, dignity or business reputation of a citizen becomes available on the Internet after its dissemination, the citizen has the right to demand the removal of the relevant information, as well as a refutation of the specified information in a way that ensures that the refutation is brought to the attention of Internet users.

6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen, in other cases, except for those specified in paragraphs 2 - of this article, is established by the court.

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

8. If it is impossible to identify the person who has disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information has been disseminated has the right to apply to the court for recognition of the disseminated information as untrue.

9. A citizen in respect of whom information is disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his answer, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information.

10. The rules of paragraphs 1 - of this article, with the exception of the provisions on compensation for moral damage, may also be applied by the court to cases of dissemination of any information about a citizen that does not correspond to reality, if such a citizen proves that the indicated information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the said information in the mass media is one year from the date of publication of such information in the relevant mass media.

11. The rules of this article on the protection of the business reputation of a citizen, with the exception of the provisions on compensation for moral damage, respectively, apply to the protection of the business reputation of a legal entity.

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed even after his death.

5. If information discrediting the honor, dignity or business reputation of a citizen becomes available on the Internet after its dissemination, the citizen has the right to demand the deletion of the relevant information, as well as a refutation of the specified information in a way that ensures that the refutation is brought to the attention of Internet users.

6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen, in other cases, except for those specified in paragraphs 2-5 of this article, is established by the court.

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

10. The rules of paragraphs 1-9 of this article, with the exception of the provisions on compensation for moral damage, may also be applied by the court to cases of distribution of any information about a citizen that does not correspond to reality, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the said information in the mass media is one year from the date of publication of such information in the relevant mass media.

Commentary on Art. 152 of the Civil Code of the Russian Federation

1. Civil legislation does not define the concepts of "honor", "dignity", "business reputation". These intangible benefits are protected in the manner prescribed by Art. 152 of the Civil Code of the Russian Federation, although it should be borne in mind that.

In science, it is customary to consider honor as a public assessment of a person, a measure of the spiritual and social qualities of a citizen, dignity as a self-assessment of one's own qualities and abilities, and business reputation as a quality that manifests itself in professional activities. However, in judicial practice the listed concepts are almost not separated, in any case, honor and dignity are actually protected as a single non-material good.

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On this see: Anisimov A.L. Civil law protection of honor, dignity and business reputation under the legislation of the Russian Federation. M., 2001. S. 9; Maleina M.N. Decree. op. S. 136.

See, for example: Decree of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 N 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."

Business reputation is considered as a property inherent not only to citizens, but also to legal entities. Claims for the protection of the business reputation of legal entities are very common (see the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 23, 1999 N 46 "Overview of the practice of resolving disputes related to the protection of business reputation by arbitration courts").

2. The commented article 152 of the Civil Code of the Russian Federation considers as an infringement on honor, dignity and business reputation only the dissemination of certain information, without mentioning such an offense as insult.

Meanwhile, value judgments, opinions, and beliefs are often expressed against citizens and legal entities, which are an expression of the views of the one who speaks. Such judgments may concern not only professional, but also personal, moral qualities of a particular citizen. In accordance with Art. 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 29 of the Constitution of the Russian Federation, everyone is guaranteed the right to freedom of thought and speech, and therefore such statements are not prohibited in principle.

However, the form in which a value judgment was made against a particular person should not be offensive (“indecent” - see Article 130 of the Criminal Code). The appeals “scoundrel”, “scoundrel”, obscene expressions, etc. can be perceived as an insult.

As noted in paragraph 9 of the Decree of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 N 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”, if the subjective opinion was expressed in an offensive form degrading the honor, dignity or business reputation of the plaintiff, the defendant may be required to compensate for moral damage caused to the plaintiff by insult (Article 130 of the Criminal Code, Art.,). Thus, judicial practice expands the limits of protection of honor, dignity and business reputation, allowing such protection not only in cases of dissemination of false and discrediting information. In essence, the Supreme Court of the Russian Federation proposes to protect the good name of a citizen.

In addition, in accordance with clause 3 of the commented Article 152 of the Civil Code, a citizen in respect of whom information infringing on his rights or legally protected interests has been published by the media has the right to publish his answer in the same media. The right to reply (comment, remark) is also enshrined in Art. 46 of the Mass Media Law.

3. The basis for the application of the provisions of Art. 152 of the Civil Code of the Russian Federation measures is the dissemination of false information that discredits a citizen.

Thus, the first condition stipulated by the legislation is the fact of dissemination of the said information. As noted in the Decree of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 N 3, the dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities should be understood as the publication of such information in the press, broadcast on radio and television, demonstration in newsreel programs and other mass media, distribution on the Internet, as well as using other means of telecommunications, presentation in performance characteristics, public speeches, statements addressed to officials, or a message in one form or another, including oral, to at least one person. The communication of such information to the person to whom they concern cannot be recognized as their dissemination, if the person who provided this information has taken sufficient confidentiality measures so that they do not become known to third parties. Therefore, the dissemination of information is a message to a third party, and not to the one whom this information concerns.

The second condition stipulated by the commented article 152 of the Civil Code of the Russian Federation is the discrediting nature of the information. It is about assessing the moral qualities of a person. The criteria that would be met by information discrediting a citizen are not established by law, and cannot be established by law, since public morality is an extremely dynamic category. An act that until recently caused public condemnation (for example, divorce, etc.) can be perceived at the moment in a team of people as something ordinary and quite acceptable.

Nevertheless, the Supreme Court of the Russian Federation presented its interpretation of discrediting information in the Resolution of February 24, 2005: “... discrediting, in particular, are information containing allegations of a violation by a citizen or legal entity of the current legislation, the commission of a dishonest act, incorrect, unethical behavior in personal, public or political life, bad faith in the implementation of production, economic and entrepreneurial activity, violation business ethics or business practices that detract from the honor and dignity of a citizen or the business reputation of a citizen or a legal entity.

The proposed concept is largely reduced to the victim's subjective idea of his honor and business reputation. Taking into account the fact that for the application of measures of civil law impact, provided for in Art. 152 of the Civil Code of the Russian Federation, it is required that the victim himself go to court, the legal understanding of honor, dignity and business reputation is largely formed by the applicants themselves.

And finally, the third condition referred to in Art. 152 of the Civil Code of the Russian Federation, is the false nature of the information disseminated about a citizen. As the Supreme Court of the Russian Federation points out, information that does not correspond to reality 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 judicial decisions and sentences, decisions of bodies of preliminary investigation and other procedural or other official documents, for appeal and contestation of which is provided for by another established by laws, cannot be considered as untrue. court order(for example, the information contained in the dismissal order cannot be refuted in accordance with Article 152 of the Civil Code of the Russian Federation, since such an order can only be challenged in the manner prescribed by the Labor Code of the Russian Federation).

The duty to prove that the disseminated information is true lies with the defendant. The plaintiff has the burden of proving the fact of dissemination of information by the person against whom the claim is brought, as well as the discrediting nature of this information.

4. The commented article provides for several ways to protect honor, dignity and business reputation, which can be applied, including at the same time.

The first way is to refute the information, which in turn is possible in various situations.

If information discrediting the honor, dignity or business reputation of a citizen is disseminated in the media, they must be refuted in the same media. In accordance with Art. 44 of the Mass Media Law, the refutation must indicate which information is not true, when and how it was disseminated by this mass media. Refutation in periodical printed edition must be typed in the same font and placed under the heading "Refutation", as a rule, in the same place on the page as the message or material being refuted. On radio and television, a refutation must be broadcast at the same time of day and, as a rule, in the same program as the refuted message or material.

The volume of the refutation cannot exceed twice the volume of the refuted fragment of the disseminated message or material. A rebuttal cannot be required to be shorter than one standard typewritten page. A rebuttal on radio and television should not take up less air time than it takes for an announcer to read a standard page of typewritten text.

A rebuttal should follow:

1) in the mass media that are published (on the air) at least once a week - within 10 days from the date of receipt of the request for refutation or its text;

2) in other mass media - in the issue being prepared or in the nearest planned issue.

Within a month from the date of receipt of the request for a refutation or its text, the editorial office is obliged to notify the interested citizen or organization in writing of the expected period for distributing the refutation or the refusal to distribute it, indicating the reasons for the refusal. A refutation distributed in the media in accordance with Art. 152 of the Civil Code of the Russian Federation, can be dressed in the form of a message about the accepted this case judgment, including the publication of the text of the judgment.

The second case of refutation is the replacement or revocation of a document emanating from the organization (service or other characteristics, etc.).

In other cases, the refutation procedure is established directly in the court decision, in the operative part of which, as explained in the Decree of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 N 3, the term and method of refuting discrediting information that does not correspond to reality should be indicated and, if necessary, the text such a refutation with a mention of what kind of information is defamatory information that does not correspond to reality, when and how it was disseminated.

The court decision on the refutation, set out in the writ of execution, refers to the requirements of a non-property nature. Therefore, paragraph 4 of Art. 152 of the Civil Code of the Russian Federation provides that if the court decision is not executed, the court has the right to impose a fine on the violator.

In accordance with Art. 105 federal law dated October 2, 2007 N 229-ФЗ “On Enforcement Proceedings” in cases of non-fulfillment by the debtor of the requirements contained in the executive document within the time period established for voluntary execution, as well as non-execution of the executive document subject to immediate execution, within a day from the moment receipt of a copy of the decision of the bailiff-performer on the initiation of enforcement proceedings, the bailiff-executor issues a decision on the collection of the enforcement fee and sets the debtor a new deadline for execution. If the debtor fails to fulfill the requirements contained in the executive document, without good reasons within the newly established period, the bailiff applies to the debtor a fine, provided for by Art. 17.15 of the Code of the Russian Federation on administrative offenses, and sets a new deadline for execution.

On the basis of Article 17.15 of the Code of Administrative Offenses, the non-fulfillment by the debtor of the non-property requirements contained in the executive document within the period established by the bailiff after the collection of the enforcement fee entails the imposition of an administrative fine on citizens in the amount of 1 thousand to 2500 rubles; on the officials- from 10 thousand to 20 thousand rubles; for legal entities - from 30 thousand to 50 thousand rubles. Non-fulfillment by the debtor of the non-property requirements contained in the executive document within the time period newly established by the bailiff-executor after the imposition of an administrative fine, entails the imposition of an administrative fine on citizens in the amount of 2 thousand to 2500 rubles; for officials - from 15 thousand to 20 thousand rubles; for legal entities - from 50 thousand to 70 thousand rubles.

As stated in paragraph 4 of the commented article of the Civil Code of the Russian Federation, the payment of a fine does not relieve the violator of the obligation to perform the action provided for by the court decision.

As a special method of protection within the framework of the commented article, one should consider going to court with a demand to recognize the disseminated information as untrue. The Civil Code of the Russian Federation grants such a right if it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen. At the same time, the legislation does not provide for the obligatory publication of a court decision that has entered into legal force on recognizing the disseminated information as false. Thus, a citizen who has achieved a positive court decision will only be able to present it in necessary cases in order to confirm the false nature of the information previously disseminated about him.

In addition to refutation, the commented Article 152 of the Civil Code of the Russian Federation grants the right to the victim to demand compensation for losses and moral damage caused by the dissemination of false, discrediting information. In accordance with the law, a person whose right has been violated may demand full compensation for the losses caused to him, which means the expenses that the specified person has made or will have to make to restore the violated right, the loss or damage to his property (actual damage), as well as lost income, which this person would have received under normal conditions of civil circulation if his right had not been violated (lost profit).

The civil legislation of the Russian Federation does not know such a way to protect personal non-property rights as an apology, therefore, despite the fact that for many victims it would be desirable for many victims to apologize, the court is not entitled to apply such a method of protection.

At the same time, as noted in paragraph 18 of the Decree of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 N 3, the court has the right to approve a settlement agreement, according to which the parties, by mutual agreement, provided for the defendant to apologize in connection with the spread of untrue discrediting information regarding the plaintiff, as long as it does not violate the rights and legitimate interests of other persons and does not contradict the law, which does not contain such a prohibition.

5. Legal entities, as noted, are the owners of such an intangible good as goodwill. All provisions of the commented article relating to the business reputation of a citizen are also applicable to the protection of the business reputation of a legal entity. However, a legal entity is not entitled to claim compensation for moral damage. This provision is universally recognized in the science of civil law and is associated with the essence of a legal entity - an artificially created subject that is not capable of undergoing physical or moral suffering. However, a different position is set out in the Ruling of the Constitutional Court of the Russian Federation of December 4, 2003 N 508-O “On the refusal to accept for consideration the complaint of citizen Shlafman Vladimir Arkadevich about the violation of his constitutional rights by paragraph 7 of Article 152 of the Civil Code of the Russian Federation”.

Lawyer Exam

Question 84 Sharing the burden of proof. Protection of honor, dignity and business reputation (Article 152 of the Civil Code)

A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true.

At the request of interested persons, the protection of the honor and dignity of a citizen is allowed even after his death.

If information discrediting the honor, dignity or business reputation of a citizen is disseminated in the media, they must be refuted in the same media.

If the specified information is contained in a document emanating from the organization, such a document is subject to replacement or revocation.

The order of refutation in other cases is established by the court.

A citizen in respect of whom information infringing on his rights or legally protected interests has been published by the media has the right to publish his response in the same media.

If the court decision is not executed, the court has the right to impose a fine on the violator, collected in the amount and in the manner prescribed by the procedural legislation, to the income of the Russian Federation. Payment of the fine does not release the violator from the obligation to perform the action stipulated by the court decision.

A citizen in respect of whom information is disseminated that discredits his honor, dignity or business reputation, has the right, along with the refutation of such information, to demand compensation for losses and moral damage caused by their dissemination.

If it is impossible to identify the person who has disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information is disseminated has the right to apply to the court to recognize the disseminated information as untrue.

Rules Art. 152 of the Civil Code on the protection of the business reputation of a citizen, respectively, apply to the protection of the business reputation of a legal entity.

Burden of proof.

By virtue of paragraph 1 of Article 152 of the Civil Code of the Russian Federation, the obligation to prove the validity of the disseminated information lies with the defendant. The plaintiff is obliged to prove the fact of dissemination of information by the person against whom the claim is brought, as well as the discrediting nature of this information.

At the same time, proceeding from paragraph 3 of the said article, in the case when a citizen, in respect of whom the mass media published information corresponding to reality, infringing on his rights and legally protected interests, disputes the refusal of the editorial office of the mass media to publish his response to this publication, the plaintiff is obliged to prove that the disseminated information infringes on his rights and legally protected interests.

In accordance with Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 29 of the Constitution of the Russian Federation, which guarantee everyone the right to freedom of thought and speech, as well as freedom of the media, the position of the European Court of Human Rights when considering cases for the protection of honor, dignity and business reputation, the courts should distinguish between existing statements of facts, the validity of which can be verified, and value judgments, opinions, beliefs that are not the subject of judicial protection in accordance with Article 152 of the Civil Code of the Russian Federation, since, being an expression of the subjective opinion and views of the defendant , cannot be checked for validity

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