Almost all people once face the most unpleasant situation when an argument on the Internet develops into a conflict, and then the opponent gets personal.

For some people, insults are an integral way of communication, and often those around them suffer simply because they were unlucky enough to be on the same platform as the insulter.

Wise people know that there is an article for insulting on the Internet, and try to use it to the fullest, while less prepared people respond symmetrically.

It is very difficult, but possible, to prove that you are right and punish the offender by legal means.

Due to the complexity, many do not even contact government agencies, although in some cases this is is guaranteed to punish the offender financially or the court will oblige him to engage in corrective labor during several years.

You can be held accountable

In 2019, Article 282 of the Criminal Code of the Russian Federation and 5.61 of the Code of Administrative Offenses of the Russian Federation are very popular, because they regulate the issues of bringing to justice.

To ensure that you are right, you need to contact your local police department, where you will need to provide available evidence, as well as write a statement to initiate a case.

If you want to receive compensation, you will need to contact the magistrate in writing, to whom the case with your claim will be transferred.

Article for public insult on the Internet implies several types of punishment:

• compensation for moral damage;
• correctional labor from 1 to 5 years with deprivation of the right to occupy certain positions;
• a fine of up to six hundred rubles or based on salary for a period of up to three years.

The article of the Criminal Code of the Russian Federation for insulting a person on the Internet guarantees the punishment of the offender if you can prove his guilt.

It is important to remember that we have one of the most important principles of jurisprudence - people considered completely innocent until proven guilty in a court of law.

I was insulted. What to do?

When you need to make punishment for insulting a person on the Internet a reality, you will need to do a number of actions:

1. Screenshot. It should display an insult directed at you by the person concerned. In this case, there should not be even the slightest doubt that the statement is aimed at you personally.
2. Face. The most difficult step, because... it is necessary to prove that at a given moment in time the account was held by the person against whom the claim is being made. If there is a third party who can become a witness, then this will be the best option.

Particular attention can be paid to communication with the site administration, because they will help establish the identity of the sender, and in special situations, they will delete what was written.

After this, you can safely take the evidence and go to the local police department.

If you are interested, can the offender be jailed?, because If you don’t want to ruin someone’s life, then the law here is quite loyal - there definitely won’t be such serious consequences.

Maximum physical restrictions– this is the need to participate in correctional work for many years. The only exception may be insulting a soldier or official.

Court decisions

Every person should know how to complain about online abuse, because this will allow you to punish the offender legally and even receive the compensation due.

It is important to remember that these laws in our country are quite young, which is why Achieving a positive decision in court is not easy. In addition, not every case is transferred beyond the local police station.

If you are wondering how to punish an offender in other ways, then do not forget about legal restrictions. Besides Most services allow you to ignore certain individuals, or even complain to the administration about illegal actions, after which appropriate measures will be taken.

Such an approach will not help you get money from the offender or somehow hold him accountable, but it will get rid of the unwanted person and help you avoid encountering him in the future.

In addition, according to the Civil Code Art. 100 losing side You may be required to pay for a lawyer's services, which will eliminate financial expenses from running the business.

Video: real sentence for online insult

An “avatar” or “nickname” allows you to speak anonymously, but will not help you avoid responsibility. The victim does not need to know the first and last name of the offender in order to sue for insults on the Internet. The court accepts as evidence screenshots of website pages certified by a notary.

The presentation of evidence matters. You can just tapPrintScreen on keyboard, then open documentWordorPaintto save the photo you took.But it is better to contact a notary to draw up a protocol for inspecting the site’s pages.

When drawing up a protocol, the notary indicates the procedure: loading the system, path to the Internet site, following links, viewing information and saving it. If necessary, the HTML code of the pages is captured, and the entire process is recorded as a video file. Drawing up a protocol will not be cheap: 3 thousand rubles and each page of screenshot printout costs 100 rubles. But after such a procedure, the offender has little chance to prove that he had nothing to do with it.

What is considered insulting on the Internet?

A negative assessment of a person’s personality, made in order to cause him offense, is an insult. The form of the statement contradicts accepted norms of behavior. Not all criticism is an insult. The court makes a decision taking into account the norms of law and morality, and not just the perception of the victim. Online abuse is expressed as follows:

• posting offensive posts by users of social networks Odnoklassniki, VKontakte, Facebook and others (trolling);
• publication of humiliating comments on various Internet platforms;
• posting online photos or video content that discredits the reputation of another person for public access;
• sending messages with humiliating content.

To find out whether an online statement is truly offensive, a special linguistic examination is carried out. The specialist determines the meaning of the post, as well as who the statement relates to.

Is it possible to hold the offender accountable?
To protect their dignity, the victim must be prepared to spend money and time collecting evidence. You can try to save money on a notary and submit a petition to view the pages on the Internet. But by this time, all information can already be safely deleted from the Internet site. Therefore, it is safer to contact a notary office to inspect the site and draw up a protocol.

Important! If you have been humiliated in private correspondence, you will need to tell the notary the password and login for your account and ask them to print out the page. To make sure there are no falsifications, the notary can conduct an additional examination.

But if the court decides the case in your favor, you can recover the costs of an examination, a notary and other legal costs.

Procedure

There is a certain procedure that will help protect your interests:

1. Find out the name of the domain owner through the database of the Russian Institute for the Development of Public Networks. To obtain information, you can use the server to check domains. The certificate will contain useful information for going to court and determining the location of the defendant.
2. Send a complaint to the resource owner. It is better to contact in writing - send a registered letter with acknowledgment of delivery. This document will help prove that the application was sent to the court.
3. File a police report. A complaint about insults and slander can be submitted in person or sent by post. If you know the name of the user who offended you, please include this information in your statement. When such information is not available, the police establish the identity of the person who committed the insult. Additionally, you can write a statement to the prosecutor.
4. Collect evidence and have it notarized.
5. Pay the state fee.
6. File a claim. The claim must be accompanied by a receipt confirming payment of the state fee and the collected evidence. The number of copies of claims depends on the number of participants in the case.

In order to be held administratively liable, you need to draw up a separate statement. If you combine two demands into one, you cannot be held accountable and you cannot receive compensation.

What is the punishment?

Responsibility for humiliation on the Internet is provided not only in the Russian Federation, but also in other countries: Kazakhstan, Belarus, Ukraine, Great Britain. In Russia there are several types of punishments for public insults made on social networks:

1. Administrative. The amount of the fine ranges from 3 to 5 thousand rubles (Article 5.61 of the Administrative Code). Parents pay compensation for a minor if he does not have his own income.
2. Criminal (Article 282 of the Criminal Code of the Russian Federation). Punishment under a criminal article is provided for inciting hatred on a certain basis - nationality, race, belonging to a certain religion. Now there is responsibility for such acts committed on the Internet. The offender may be forced to pay a fine of up to 500 thousand rubles or be punished in the form of forced labor with simultaneous deprivation of the right to engage in professional activities. They can be punished for slander under clause 2 of Art. 128.1 of the Criminal Code of the Russian Federation. The violator faces one of three punishments: a fine of up to 1 million rubles, imprisonment, or performing compulsory labor.
3. Payment of compensation in accordance with the Civil Code of the Russian Federation. The offended person determines the amount of compensation for moral damage caused independently, so the declared amount of compensation can be any. But often the court reduces the amount of compensation.

How can you protect yourself from insults?

Every person's identity is easily vulnerable on the Internet. An offended person may not even be aware for some time of the attacks being made against him. Despite the fact that it is not easy to prove the fact of humiliation and slander, there are several ways you can repel an attack, even if it is made anonymously:

1. File a claim for dissemination of defamatory information on the basis of Art. 152 of the Criminal Code of the Russian Federation.
2. Complain to law enforcement officials to bring the offender to administrative responsibility.
3. Submit an application to initiate a criminal case.

By law, offensive information must be removed from VK, Facebook, and other resources. Where defamatory data is widespread, it must also be refuted. If you can identify the user who posted insults or threats, you can request to block him. It is possible to hold accountable not only the user who decided to publicly insult another person, but also the owner of the resource, if the Internet platform is registered in accordance with the established procedure.

Our lawyer can advise you free of charge - write your question in the form below:

There are probably no people who have not been insulted on the Internet at least once in their lives. Most of these brave “aggressors” believe that such rudeness hidden under an “avatar” or “nickname” will remain completely unpunished. Alas, this opinion is partly true, however, there are certain ways to hold people accountable for or even on the Internet.

If there has been an insult to a person on social networks, then you need to know the articles of the Constitution and the Criminal Code that guarantee rights and freedoms, as well as the rules of responsibility for violation of behavior in society, which, by the way, is the Internet.

Article 21 of the Constitution of the Russian Federation states:

The dignity and honor of any citizen are protected by the state, and nothing can diminish the dignity of a citizen.

Liability for online abuse is given in the table?

Suing for public insult on the Internet

If public insult on the Internet is proven, does the plaintiff have special rights to claim damages?

• A citizen who has become the object of insult may demand compensation for moral damage, determining the amount that is adequate in his opinion independently.
• A citizen may demand a refutation of humiliating information that has been disseminated in the media.
• In addition, a citizen has the right to request the opportunity to publish his own opinion on a specific insult posted in the media. Damages may also be recovered from the media.

However, you need to understand the fact that not all Internet resources are media. Information means via the Internet include information and journalistic columns, news sites, newsreels in the public domain, and so on. Therefore, before demanding the publication of your comments on an insult, you need to thoroughly understand the structure of the site on which it took place.

Individual sites on the Internet currently do not qualify as mass media.

Unfortunately, proving that widespread offensive information is untrue and discredits your honor, dignity, and reputation is becoming more and more difficult every day.

Actions in case of online abuse

If an insult is posted on a website and it is necessary for it to be removed, then it is best to first contact the administration of this site by writing to the specified email or calling. Also, most websites and social networks provide special additional services for communication with resource administrators.

If information discrediting your dignity is removed, but a feeling of moral satisfaction does not occur, and you want to punish the offender, then you need to adhere to the following sequence of actions?

• It is necessary to write a real letter expressing your complaints.

RosNIIROS and WhoIs service will help you find out the specific address of the individual who is the owner of the site. Using these search services will also allow you to find out more detailed information about the owner.

If it was not possible to find out the address through the service, then such data can be found out at the special request of law enforcement agencies.

• A letter of complaint to the provider hosting the site.

You can find out the provider by an official request or by using various search resources that will help determine the IP address. It is best to send a letter by registered mail with a certificate from the post office recording the fact of sending. Also, the letter must be accompanied by a receipt form, which will be sent back to the plaintiff. This form will prove in fact that the claim was served on the owner of the provider company.

• Statement to the police.

Articles 129 and 130 of the Criminal Code of the Russian Federation are proven and investigated by investigators of the Ministry of Internal Affairs. Therefore, if the fact of online abuse has taken place, then a statement can be filed at any police station.

Very often, law enforcement agencies refuse to consider applicants in such cases. If the police refuse to initiate a case against you, you can appeal this refusal to the prosecutor's office. Police officers are obliged to carry out a set of necessary investigative measures and identify the person who is engaged in insults on the Internet. If the name of a particular person is known, then it is better to immediately indicate this data in the application, then the likelihood that the offender will receive punishment is high.

• Application to the Magistrates' Court.

In order to prove someone’s guilt in a magistrate’s court, you will need to independently prepare an evidence base, namely: printed sheets of “screenshots,” that is, screenshots with the presence of insults. If communication takes place in real time, then offensive attacks in correspondence can be filmed.

The Internet is part of our social society, so do not be surprised at the lack of education among some representatives in chat rooms, forums or social networks.

You just need to know the methods that will help you defend your dignity in a conversation with a “virtual aggressor.” Every person must stand up for the law and protect their reputation.