How indignant on the Internet, not to appear in court

Act came into forceFederal law from 18.03.2019 N 30-FZ "On Amendments to the Federal Law" On Information, Information Technologies and Protection of Information "Providing for responsibility for the lack of respect for authority. That regulation added pitfalls in online communication. Previously, there have already lurking article of the Administrative Code and the Criminal Code that punish for contempt, defamation, extremism.

It seems that with impunity on the internet already and you can not say a word, especially if it is addressed to the authorities. We understand with lawyers, it is, and tell how to express their opinion in the network, not to be responsible for incontinence ruble.

For what can be punished

insult

According to lawArticle 5.61 of the Administrative Code. insult an offense to honor and dignity of another person, expressed in indecent form. And in fact, here to bring a person to justice is not so easy.

Do indecent form, take a decision, in which the expressed insultIt takes experts. Although the law and there is no exact definition, are more likely to find it indecent and insulting words mat. But not everyone, but only those that humiliate your opponent.

However, not everything is always simple. You can pay and flowery metaphors. So, the journalist Bozena Rynska in his account on Facebook unflattering commended the architect Natalia Antsiferova. She said that of the "curly brains" and "semolina in my head." Lawyer architect provedCurly brains: Bozena Rynska pay architect 100,000 for insultThat these definitions are damaging its business reputation, so she earns a living from their intellectual labor.

In this case, the prosecutor's office did not consider the offense of the word "you're boring and predictable condom," which director communications agency Magic Inc Plato Mamatov addressed ex-deputy of the City Duma of Ekaterinburg Eugene Borovik.

Linguists have found in these words' meaning humiliating assessment of the face and the linguistic features of the indecent expressions. " But failed toThe prosecutor's office allowed the deputy to call "boring, predictable condom" prove that Mamatov inflicted insult. However, if the law of contempt to power was not there, so it is not known how events would develop today.

insult power

In fact, the new provision of the law closely linked to the insult of an individual. However, insulting the authorities much more expensive than conventional interlocutor from the web, - penalties for it higher.

If the application contains insulting and degrading words mat, disparaging remarks State address, state symbols, government as a whole, it may fall within the scope of the new law.

Criticize the government is not prohibited.

But it's worth carefully choose your words, especially if you have stepped into dangerous territory - writing on the page official comment on the news resonance, creating a viral post, which will be distributed actively Network.

Given the fact that the Internet is big and not every utterance can be tracked, the more risk to be in the "kill zone" for those who are already somewhat annoyed the authorities - political and other activists.

Imagine that the same normative act adopted in the Emerald City, and Let us examine the examples.

Slander

For the dissemination of false information discrediting the honor and dignity, it has provided criminalArticle 128.1 of the Criminal Code. Slander a responsibility.

Patrickeyev notes that, in practice, be held accountable for slander not easy. We must prove that the attacker knew about the negative consequences that would entail his message to the recipient that wish to advance and was aware that his words - not true.

Extremism

All that is forbidden and belongs to the extremist activity, collected in the relevant lawFederal Law of July 25, 2002 N 114-FZ "On Countering Extremist Activity". Information about the responsibility for its violation is registered in the different articles of the Criminal Code.

1. Inciting social, racial, national or religious hatred

Under this articleArticle 282 of the Criminal Code. Inciting hatred or hostility, and humiliation of human dignity Of the Criminal Code fall publication, provoking conflicts on ethnic, racial or religious grounds, as well as inciting hatred towards a particular social group - its signs law does not specify here better perebdet. To bring to justice can not only text, but also for video, audio, image meme, and so on.

So do not use Nazi symbols, do not post material that is officially considered extremistFederal List of Extremist MaterialsAnd do not insult people in droves. Last correctly not only by law but also morally. The best thing is to explain by example, and to help newly comes Neverland.

2. Separatism

The law prohibitsArticle 280.1 of the Criminal Code. Public calls for the implementation of actions aimed at violation of the territorial integrity of the Russian Federation urge to secede from Russia, to divide its territory or part of the land to give another country.

3. Terrorism

OutlawArticle 205.2 of the Criminal Code. Public calls to terrorist activity or public justification of terrorism propaganda of terrorism public calls to terrorist activity or propaganda justification of terrorism.

4. Insult the feelings of believers

Jokes with the faithful - then step on a slippery slope. According to lawArticle 148 of the Criminal Code. Violation of the right to freedom of conscience and religion the offender must be malice: he knows that the text or the picture offend religious group, and expects it to such a result.

In practice, it is better to avoid generalizations, ridicule and characteristics of religion in general. Even in Oz did not find any examples, because there do not want to walk on the edge.

5. Calls for extremist activities

In addition to calls for separatism, terrorism, ethnic or religious hatred, this includes callsFederal Law of July 25, 2002 N 114-FZ "On Countering Extremist Activity":

• Discourage voting citizens, violate the secrecy of voting.
• Impede the work of the authorities through violence or the threat of its use.
• Disseminate extremist materials.

In all cases, we must remember that important context and type of utterance. Priori certain topics are more dangerous. So, repost quite innocent from the point of view of the inhabitant of materials about World War II was equivalent to the rehabilitation of Nazism and Holocaust denial.

Paul Patrickeyev

How to communicate on the Internet, in order to avoid punishment

The very existence of laws that regulate the degree of speech on the Internet, there is nothing wrong. The need to more carefully formulate thoughts and avoid insults - not large labor. At the same time the whole group of people feel more secure on the Internet and read less insults in your address.

However, the problem does not remove: for careless statement can be brought to justice. To avoid this, it is sufficient to adhere to one simple and old as the hills rules.

Think before you speak and write.

Ivanov recalled that the debate should be conducted in an intelligent, respectful way, in spite of your attitude to the interlocutor, which can be very negative. This is primarily important for a constructive dialogue. Answer rudeness to rudeness - a bad idea. Subsequently, the examiner may find signs of abuse in your words and do not find - in the words of an opponent.

Clearly mark his statement as a value judgment and avoid any incitement to acts of violence.

The gentleman's set commentator, says Paul Patrikeeva include simple rules:

1. Highlighting an event, refer to the source of the information.
2. Be wary comment on materials related to the activities of banned organizations in Russia.
3. Avoid foul language, especially against a representative of authorities.
4. When evaluating the interlocutor did not lean on his nationality, race or religious affiliation.

Anna Grigorieva advises to abstract and use metaphors without reference to his interlocutor: "The audience will understand your opponent will take offense, you have nothing to do with. And if you take offense too much, he will need to prove that you messed up his life. "