For what you can repost to prosecute
A Life / / December 19, 2019
If you are tired of listening to the endless news reports about arrested for careless repost if you whenever in doubt, before you place something on your page - it's time to learn about their rights.
We are increasingly seeing the news about peopleChuvash activist was fined for the census Milonova photos., ProsecutedRostov pensioner was given a suspended sentence for posts in social networks. for placement in social media information, which is contrary to the lawMoskvich received a sentence for a picture with Pushkin and cleaver in "VKontakte".. You are already afraid to place on the page or another Funny pictures memchik? Then you definitely need to know, for the publication of any information, you can plant or give a penalty, and for that you get only the huskies and repost.
Insult and slander
How would you not want to publicly discuss the shortcomings of the enemy on the Internet, you should not do. Or stands, but with the knowledge of all the intricacies of Russian law.
insult - is a humiliation of honor and dignityCivil Code. Article 152. Protection of honor, dignity and business reputation., In an unseemly manner. If you speak in this way in relation to a physical, legal or official, you can get away with a fine up to 100 000 rublesCode of Administrative Offenses. Article 5.61. Insult.. But insulting a servicemanOf the Criminal Code. Article 336. Insulting a serviceman. or representative of the authoritiesOf the Criminal Code. Article 319. Insulting a government official. It will cost more: up to correctional labor for up to one year.
Optional post insulting statements in the public domain on his page. Even if the person to write messages to e-mail (and from another computer), you can be held accountable. Precedents already existKamyshin Municipal Court decision of the Volgograd region in the case 1-142 / 2014 of 27 March 2014..
Slander - is the spread of false information about a person, discrediting his honor and dignity and undermining his reputation. Information need not be expressed in an insulting manner. Depending on the content of information disseminatedOf the Criminal Code. Article 128.1. Slander. and the person to whom the data are addressedOf the Criminal Code. Article 298.1. Slander against a judge, juror, prosecutor, investigator, person conducting the inquiry, the bailiff., You could be sentenced up to pay a fine of 5 million rubles.
Express your claims against your opponent on the web in decent shape, avoiding the transition to the individual. This strategy is the best reference of any spore.
Insult the feelings of believers
From 2013 to toughen the penalties in RussiaFederal Law of 29 June 2013 № 136-FZ "On Amendments to Article 148 of the Criminal Code of the Russian Federation and individual Legislative Acts of the Russian Federation in order to counter the insult of religious beliefs and citizens' feelings. " for contempt of objects of various religious cults. To offend the feelings of believers on the Internet can be a public act, expressing clear disrespect for society and perfected in order to insult the religious feelings of believersOf the Criminal Code. Article 148. Violation of the right to freedom of conscience and religion.. To fall within the scope of this article, you need:
- faithful to act in the presence of (public);
- be clear disrespect for society - to oppose itself to others and show them contemptResolution of the Plenum of the Supreme Court on November 15, 2007 № 45 "On judicial practice on hooliganism and other criminal cases involving offenses committed out of hooliganism.";
- directly hurt religious feelings - words deriding slogans, images - to show disrespect to religion, religious literature, attributes, canons. For it can attract and to administrative responsibilityCode of Administrative Offenses. Article 5.26. Violation of legislation on freedom of conscience, freedom of religion and religious associations..
Since an article insulting the feelings of believers are ambiguous in its interpretation and its practical application is not so extensive, controversial criteria for action are considered discretionary.
extremist materials
Most often, the courts prosecuted it for the dissemination of extremist materials on the internet and calls (for public calls for extremist activitiesOf the Criminal Code. Article 280. Public calls for extremist activity.). These are calls for:
- violent change of the constitutional system and the Russian border;
- propaganda of exclusivity, superiority or inferiority of a person or group of persons on grounds of his social, racial, ethnic, religious or linguistic affiliation or attitude to religion;
- public justification of terrorism and other terrorist activity;
- public demonstrations or propaganda of Nazi paraphernalia or symbols (as well as excellent, but looking as well)Code of Administrative Offenses. Article 20.3. Propaganda or public demonstration of Nazi paraphernalia or symbols, or paraphernalia or symbols extremist organizations, or other paraphernalia or symbols, propaganda or public demonstration of which is prohibited federal laws.;
- and many others, provided by applicable lawThe Federal Law of 25.07.2002 number 114-FZ "On countering extremist activities"..
By the way, sending a personal message to man (though not publicly) also falls under this articleResolution of the Plenum of the Supreme Court on 3.11.2016 № 41 "On Amendments to the Resolution of the Plenum of the Supreme Court on February 9, 2012 № 1" On some issues judicial practice in criminal cases involving terrorism-related offenses "and on June 28, 2011 № 11" On judicial practice in criminal cases involving extremist crimes focus ".".
Punishable perform actions (to write messages or make repost the web), aimed at the incitement of hatred or enmity, as as the humiliation of a person (or people) on grounds of sex, race, nationality, language, origin, attitude to religion. Yes, for the phrase "all women are fools, because women"You can get to the dockOf the Criminal Code. Article 282. Inciting hatred or hostility, and humiliation of human dignity. and deprived of liberty for a term up to 5 years.
Not to be brought to administrative responsibility for the distribution of extremist materialsCode of Administrative Offenses. Article 20.29. Production and distribution of extremist materials.From time to time check the federal list of banned extremist materials on the site Ministry of Justice of the Russian Federation.
Take care that the place of his (or even on someone else's) name on the Internet. Thoughtless message can result in much more serious consequences than you think.