CLAIM FOR PROTECTION OF HONOR AND DIGNITY
“On October 23, 20__ as part of the screening of the program “S.” - film by A. B. on TV channel “R.” (FSUE “V.”), at the 12th minute of the release, a video recording was posted containing fragments of Sh.A.K.’s detention; the recording is currently posted on the TV channel’s website.
In this episode, the TV channel disseminated untrue information discrediting the honor, dignity and business reputation of A.Sh. The correspondent made the following statements: “In St. Petersburg, special forces of the Federal Drug Control Service detained such a strange man. This is one of the well-known dealers of illegal anabolic steroids in the North West. A.Sh. and sells and injects at the same time. Judging by his figure and appearance, this person no longer has a gender... And his body and image are all the result of the fact that steroids and their indiscriminate use were squeezed out of A.Sh. over several years. both a man and health...”
The distribution of this information by the Defendant discredits the honor, dignity and business reputation of A.Sh. as an athlete-bodybuilder, trainer, and artist. In addition, he questions his gender identity and insults him as a person.
The defamatory nature of the information is confirmed by the statement of violation of Sh.A.K. current legislation with the words: “this is one of the well-known dealers of prohibited anabolic steroids.” Such a statement takes the form of a statement about the plaintiff’s guilt in a crime provided for in Article 234 of the Criminal Code of the Russian Federation “Illegal trafficking of potent or toxic substances for the purpose of sale”, leading to the creation of a public opinion that the plaintiff is selling potent substances - prohibited anabolic steroids. The defendant actually accuses the plaintiff of committing a crime. While in accordance with Part 1 of Article 49 of the Constitution of the Russian Federation and Article 14 of the Code of Criminal Procedure of the Russian Federation, a person accused of committing a crime is considered innocent until his guilt is proven in the manner prescribed by federal law and established by a court verdict that has entered into legal force. The defendant’s guilt in distributing prohibited anabolic steroids in the prescribed manner has not been proven and has not been established by a court verdict that has entered into legal force.
Also, the defamatory nature of the information is confirmed by the words about the plaintiff’s incorrect, unethical behavior in his personal life, which belittles his honor and dignity: “... such a strange person. His body and image are all the result of the fact that steroids and their indiscriminate use over several years squeezed out of Sh.A.K. and a man and health...” In turn, the Defendant did not take into account the fact that Sh.A.K. is in a registered marriage, their family is preparing for the birth of a child. The Plaintiff does not complain about his physical and mental health; he is not registered with drug treatment or psychoneurological dispensaries; he periodically undergoes medical examinations, which did not reveal any abnormalities in his health.
Moreover, in violation of Art. 6 of the Federal Law “On Personal Data”, the processing of the Plaintiff’s personal data was carried out without his consent. In accordance with paragraph 1 of Article 10 of this law, personal data means any information relating directly or indirectly to a specific or identifiable individual (subject of personal data). So, without the consent of A.K.Sh. A video was filmed at his place of residence in the apartment, at a time when he was at home without outer clothing. Also, without the consent of the Plaintiff, his passport as a citizen of the Russian Federation was shown on pages 1 and 2, thereby revealing the following personal data: last name, first name, patronymic, date and place of birth, photograph, personal signature, series and number of the passport, the authority that issued the passport and its date issuance.
Additionally, please take into account that by disseminating defamatory information, the Defendant humiliated the honor and dignity of Sh.A.K., caused him moral harm, causing moral and physical suffering. This was reflected in his long-term depressive state, sleep disturbances, a significant decrease in performance and the need to explain to his wife, other relatives, as well as friends and acquaintances who watched the said television program, or heard about it from other people, that this information was not true. In addition, K.A.Sh. faced serious difficulties in finding a job, given such scandalous fame based on the broadcast of the “S.” program, employers do not want to hire him, which entails serious financial difficulties.
Based on the above and in accordance with Art. Art. 151, 152 of the Civil Code of the Russian Federation, Art. Art. 131 – 132 of the Civil Procedure Code of the Russian Federation
State duty on claims for protection of honor and dignity, slander or business reputation
300 rubles - a citizen’s claim in a court of general jurisdiction (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation). The claim for moral damages is paid with an additional state duty of another 300 rubles (total 600 rubles).
6,000 rubles - a claim by a legal entity for the protection of business reputation. If at the same time a claim is made for the recovery of damages caused, an additional state duty is paid depending on the amount recovered (clauses 1 and 4 of clause 1 of Article 333.21 of the Tax Code of the Russian Federation, clause 1 of clause 1 of Article 333.19 of the Tax Code of the Russian Federation).
0 rubles – application to initiate a criminal case for libel (Article 128.1 of the Criminal Code of the Russian Federation).
What else needs to be considered
There are different ways to protect yourself from false information or insults spread in person or online.
Every year, courts consider a large number of claims for the protection of honor and dignity, business reputation, as well as libel.
When filing such a claim, it is important to correctly determine the court to which you need to apply and the amount of the state duty to be paid - read about this below.
Protection of honor and dignity of a citizen
Article 152 of the Civil Code of the Russian Federation allows you to demand a refutation of information discrediting the honor and dignity of a citizen. The main methods of protection will be to refute the information in the same way in which it was disseminated (that is, in the same media), suppression and prohibition of further dissemination of false information.
The statement of claim is filed in a district court of general jurisdiction according to the general rules of jurisdiction, i.e. at the place of residence of the defendant - an individual, or the location of the defendant - organization. The state duty is paid according to the details of this court.
A citizen may also demand compensation for moral damage caused by the dissemination of false information about him. To do this, a claim for compensation must be included in the statement of claim.
Its amount is determined depending on the physical and moral suffering caused by false information to the victim, as well as the guilt of the defendant (clause 1 of Article 151, clause 2 of Article 1101 of the Civil Code of the Russian Federation).
The requirement to protect honor and dignity is paid by state duty on the basis of paragraphs.
3 p. 1 art. 333.19 of the Tax Code of the Russian Federation in the amount of 300 rubles, since this requirement is not property.
If at the same time a claim for compensation for moral damage is filed, it is also paid with a separate state duty in the amount of 300 rubles. In accordance with paragraph. 4 p.
15 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,” moral damage is non-property damage, although monetary compensation is sought for it. Therefore, the state duty must be paid in the amount established for non-property claims.
Thus, if the statement of claim contains two demands - for the protection of honor and dignity, and for compensation for moral damage, the plaintiff pays a state fee in the amount of 600 rubles.
When an application is submitted under special proceedings
The author of information spread on the Internet or an anonymous letter cannot always be identified.
If the distributor of false information is unknown, a citizen may apply for protection of honor and dignity by filing an application to a court of general jurisdiction in a special proceeding.
The application is submitted without specifying the defendant to the district court of general jurisdiction at the location of the plaintiff. In this case, it is impossible to recover compensation for moral damage.
The state fee for filing an application under special proceedings is also 300 rubles (clause 8, clause 1, article 333.19 of the Tax Code of the Russian Federation).
Is it possible to claim to protect a citizen’s business reputation?
A claim for the protection of business reputation can be filed not only by a legal entity, but also by a citizen - both with and without the status of an individual entrepreneur.
If a claim for the protection of business reputation is filed by an individual entrepreneur, he must apply to the arbitration court at the location of the defendant.
The state duty for such a claim is paid in the same manner as the state duty for a legal entity’s claim for the protection of business reputation (see below in this article).
If the claim is not related to business activities, it should be considered by a district court of general jurisdiction (clause 3 of the Resolution of the Plenum of the Armed Forces 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 state fee for such a claim will be 300 rubles (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation).
A citizen has the right to file a claim for compensation for moral damage incurred as a result of damage to his business reputation (clause 13 of the Review of the practice of considering disputes regarding the protection of business reputation, approved by the Presidium of the Federal Antimonopoly Service of the Ural District on July 31, 2009). The state fee for a claim for compensation for moral damage will be another 300 rubles.
After the death of a citizen, his heirs or relatives can file a corresponding claim.
Protection of business reputation of a legal entity
Business reputation is a professional reputation among colleagues, competitors, clients, customers, etc. Not only an organization, but also its leaders can have a business reputation (Decision of the Supreme Court of the Russian Federation of October 26, 2015 in case No. 307-ES15-5345).
To protect business reputation, a legal entity files a claim with the arbitration court at the location of the defendant who disseminated false information. The requirement to refute false information discrediting business reputation is non-proprietary and is not subject to assessment. The state duty for such a claim is 6,000 rubles (clause 4, clause 1, article 333.21 of the Tax Code of the Russian Federation).
If a legal entity has also filed a claim for recovery of losses caused by false information, it is necessary to pay an additional state fee according to the rules of paragraphs. 1 clause 1 art. 333.21 of the Tax Code of the Russian Federation, depending on the amount collected:
- up to 100 thousand rubles - 4 percent of the claim price, but not less than 2 thousand rubles;
- from 100,001 rubles to 200,000 rubles - 4,000 rubles plus 3 percent of the amount exceeding 100,000 rubles;
- from 200,001 rubles to 1,000,000 rubles - 7,000 rubles plus 2 percent of the amount over 200 thousand rubles;
- from 1,000,001 rubles to 2,000,000 rubles - 23,000 rubles plus 1 percent of the amount exceeding 1,000,000 rubles;
- over 2,000,000 rubles - 33,000 rubles plus 0.5 percent of the amount exceeding 2,000,000 rubles, but not more than 200,000 rubles.
Losses can be recovered if the plaintiff managed to prove the loss of trust in reputation and other adverse consequences caused by the dissemination of false information (Decision of the Supreme Court of the Russian Federation dated November 18, 2021 in case No. A56-58502/2015).
The claim is filed against the person who disseminated false information. If they are published in the media, its founders may be brought forward as a defendant.
If it is planned to recover losses from a citizen who is not an individual entrepreneur, such a claim must be filed in the district court of general jurisdiction at the citizen’s place of residence.
The state duty will also be 6,000 rubles (clause 3, clause 1, article 333.21 of the Tax Code of the Russian Federation).
Slander
Article 128.1 of the Criminal Code of the Russian Federation provides for liability for libel, that is, the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation.
Libel cases fall into the category of private prosecution cases, which are initiated and terminated only at the request of the victim. Unlike civil proceedings, an application to initiate a criminal case for libel is not subject to state duty.
The application can be submitted directly to the magistrate; preliminary contact with the investigative authorities is not mandatory.
The information provided in this article is of a general nature. To resolve a specific issue, please consult a lawyer.
Source: //pro-gosposhliny.ru/v-sude/chest-dostoinstvo-kleveta-delovaya-reputatsia
ASK:
- Oblige the defendant to refute the following information regarding the plaintiff that humiliates his honor and dignity: “In St. Petersburg, special forces of the Federal Drug Control Service detained such a strange person. This is one of the well-known dealers of illegal anabolic steroids in the North West. A.Sh.K. and sells and injects at the same time. Judging by his figure and appearance, this man no longer has a gender…………… His body and image are all the result of the fact that steroids and their indiscriminate use have been squeezed out of A.S.K. over the course of several years. both a man and health”…., no later than two weeks after the decision enters into legal force (in relation to what is established by Article 44 of the Law of the Russian Federation “On the Mass Media”).
- To recover from the defendant in favor of the plaintiff monetary compensation for moral damage caused in the amount of 3,000,000 (Three million) rubles.
- Please notify the legal bureau “Moscow Legal” of the date and time of the court hearing, Moscow, st. Maroseyka, 2/15, https://msk-legal.ru
