How to be indignant on the Internet so as not to end up in court

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Lawyers advise you to write carefully on sensitive topics and check how offensive messages can be before sending them.

A law has come into force providing for liability for disrespect for the authorities. This regulation added pitfalls to online communication. Earlier, there were already trapped articles of the Administrative Code and the Criminal Code, providing for punishment for insult, slander, extremism.

It seems that even a word cannot be said with impunity on the Internet, especially if it is addressed to representatives of the authorities. We figure out with lawyers whether this is so, and tell you how to express your opinion on the Web so as not to be held accountable for incontinence with a ruble.

What can be punished

Insult

According to the law, it is considered an offense to humiliate the honor and dignity of another person, expressed in an indecent form. And in fact, it is not so easy to bring a person to justice here.

Anna Grigorieva Lawyer of the Legal Service "United Center for Defense"

The fact of any insult, humiliation and damage must be proven.

It is up to the experts to decide whether the form in which the insult is expressed is indecent. Although there are no precise definitions in the law, with a high degree of probability they will consider obscene obscenities and offensive words. But not all, but only those that humiliate the opponent.

No	Yes
You - fuck what you know about morality.	You fucking don't understand a thing about morality.

However, everything is not always simple. You can pay for florid metaphors. So, the journalist Bozena Rynska, in her Facebook account, spoke unflatteringly about the architect Natalia Antsiferova. She stated that she had "curly brains" and "semolina in her head." The architect's lawyer has proven that these definitions are detrimental to her business reputation, as she makes a living with her intellectual work.

At the same time, the prosecutor's office did not consider the words “you are a boring and predictable condom” as an offense, which Platon Mamatov, director of the communication agency Magic Inc, addressed to the ex-deputy of the Yekaterinburg City Council Yevgeny Borovik.

Linguists found in these words "the meaning of a derogatory assessment of a person and linguistic signs of an indecent form of expression." But it was not possible to prove that it was Mamatov who inflicted the insult. However, then there was no law of disrespect for the authorities, so it is not known how events would develop now.

An insult to the authorities

In fact, the new norm of the law closely correlates with the insult of an individual. True, insulting the authorities is much more expensive than an ordinary interlocutor from the Internet - the fines for this are higher.

If the statement contains offensive and degrading words, obscenities, disparaging remarks about the state, state symbols, authorities in general, then it may fall under the new law.

It is not forbidden to criticize the authorities.

But it is worth choosing your words carefully, especially if you have stepped into dangerous territory - write on the official's page, comment on high-profile news, create a viral post that will be actively distributed on the Web.

Taking into account the fact that the Internet is large and not every statement can be traced, there is a greater risk of being in the "affected zone" for those who are already annoying the authorities with something - political and other activists.

Let's imagine that a similar normative act was adopted in the Emerald City, and we will analyze it with examples.

No	Yes
Yes, this Scarecrow is a thief and a bribe-taker, yesterday he stood on the field, and today he is already the ruler of the Emerald City. We know how he got this post.	Goodwin appointed the Scarecrow as his successor and did not ask the opinion of the people. We did not elect him, so there are questions about whether he is legally occupying his post.
Gingema and Bastinda are killed, there they go! The rest would also be nice to rot in the poppy field.	Gingema and Bastinda are a prime example of the abuse of power. This should not happen again. We need to closely monitor the other rulers of the Magic Land.
Stella with her secret of youth is only worn, she is just a monkey, like her henchmen - flying monkeys. This is one straw in her head, not the Scarecrow! A stupid monkey, which would jump from bed to bed, and not rule the country.	Stella is trying to make a good impression, but think about it. She kept the talkers speechless for a while - not very constitutionally, right? In addition, she deftly avoids any conflicts and never directly interferes in them. As a result, other people take risks and solve problems. Is this the way a ruler should behave?

Slander

For the dissemination of false information discrediting honor and dignity, criminal liability is already provided.

Pavel Patrikeev Head of the Legal Department of the hosting provider REG. RU

The statement is considered libel only if the person who disseminates false information is aware that it is not true.

Patrikeev notes that in practice it is not easy to prosecute for libel. It is necessary to prove that the attacker guessed about the negative consequences that his message would entail for the addressee, wanted them to occur and was aware that his words were not true.

No	Yes
You, Vasya, are rich because you stole in the 90s. (It doesn't matter that I met you a year ago).	You, Vasya, are rich because you stole in the 90s. So the court thinks so (here is a link to the case of fawn hats). or I don’t presume to assert, but I don’t believe that you, Vasya, could legally get rich, especially in the 90s.

Extremism

Everything that is prohibited and related to extremist activity is collected in the relevant law. Information about responsibility for its violations is spelled out in various articles of the Criminal Code of the Russian Federation.

1. Incitement of social, racial, national or religious discord

This article of the Criminal Code of the Russian Federation includes publications that provoke conflicts on national, racial, religious grounds, as well as incite hatred towards any social group - the law does not specify its signs, it is better to keep quiet here. They can be held liable not only for the text, but also for video, audio, picture, meme and so on.

Therefore, do not use fascist symbols, do not publish materials that are officially deemed extremist, and do not offend people in whole groups. The latter is correct not only legally, but also from a moral point of view. It is best to explain here with examples, and the Magic Land comes to the rescue again.

No	Yes
Oorfene Deuce is once again trying to seize power. It's all because he's a chewer. It was high time to send all these munchkins out of the Magic Land.	Oorfene Deuce is once again trying to seize power. It was necessary to understand that not everything was in order with him, even when he readily served the evil Gingema.
Flying monkeys have been the slaves of the Golden Hat for years and should remain so, because they are naturally more stupid.	There are no alternatives. Flying monkeys are full-fledged inhabitants of the Magic Land, and the rest are baseless conclusions.

2. Separatism

The law prohibits the call to secede from Russia, divide its territory or give part of the land to another country.

No	Yes
Munchkins with their Gingema got it, let's just exclude them from the composition of the Magic Land, let them live as they want.	The blue country is a subsidized region. It is necessary to revise the policy of budget allocation.

3. Terrorism

Outlawed public calls for terrorist activities, justification or propaganda of terrorism.

No	Yes
They did the right thing by sending the underground miners to the caves! It was also necessary to blow them up there!	There are no alternatives.

4. Insulting the feelings of believers

To joke with believers is to step on a slippery slope. According to the law, a criminal must have malicious intent: he knows that his text or picture will offend a religious group, and he expects just such a result.

In practice, however, it is better to avoid generalizations, ridicule and characteristics on religious grounds in general. Even in the Magic Land, they did not find suitable examples, because they do not want to walk on a blade there either.

5. Calls for extremist activity

In addition to calls for separatism, terrorism, ethnic or religious hatred, these include calls:

• Prevent citizens from voting, violate the secrecy of voting.
• Obstruct the work of the authorities with the help of violence or the threat of its use.
• Distribute extremist materials.

No	Yes
Let's go to the government and just won't let anyone in there. If they begin to break through, we will beat them.	Let's go to the government with a series of single pickets.

In all cases, it must be remembered that the context and the type of statement are important. Certain topics are a priori more dangerous. So, reposting materials about the Second World War, which were quite innocent from the point of view of an ordinary person, was equated with the rehabilitation of Nazism and denial of the Holocaust.

Pavel Patrikeev

How to communicate online to avoid punishment

There is nothing wrong with the very existence of laws that regulate the degree of online speech. The need to formulate thoughts more carefully and avoid insults is not a big deal. At the same time, whole groups of people feel safer on the Internet and read less insults addressed to them.

However, this does not remove the problem: for an inaccurate statement, they can be brought to justice. To avoid this, it is enough to adhere to one simple and old, like the world, rule.

Think before you speak and write.

Oleg Ivanov conflictologist, head of the Center for Settlement of Social Conflicts

In a heated debate, you should not write answers in a rush. Re-read your message, think about whether it can humiliate the interlocutor. It is better to correct the remark so that you have no doubts about the purity of the answer.

Ivanov reminds that the discussion should be conducted in an intelligent, respectful manner, despite your attitude towards the interlocutor, which can be very negative. This is primarily important for a constructive dialogue. To respond with rudeness to rudeness is a bad idea. Subsequently, the examination may find signs of insult in your words and not in the words of your opponent.

Clearly label your statement as a value judgment and avoid calls for any violent action.

The commentator's gentleman's set, according to Pavel Patrikeev, includes simple rules:

1. When covering an event, refer to the source of the information.
2. Be careful when commenting on materials related to the activities of organizations banned in Russia.
3. Avoid using foul language, especially against a government official.
4. When assessing the interlocutor, do not rely on their nationality, race or religion.

Anna Grigorieva advises to abstract and use metaphors without pointing to the interlocutor: “The audience will understand, the opponent will be offended, you have nothing to do with it. And if he gets offended too much, he will need to prove that you ruined his life."