What Is Considered Defamation Under The Criminal Code

What Is Considered Defamation Under The Criminal Code
What Is Considered Defamation Under The Criminal Code

Video: What Is Considered Defamation Under The Criminal Code

Video: What Is Considered Defamation Under The Criminal Code
Video: Defamation, Slander & Libel Explained by an Employment Lawyer 2024, May
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The State Duma of the Russian Federation of the 6th convocation will be remembered for the fact that it returned the punishment for libel in the country. How popular this type of punishment will be is still unknown. However, this situation has already caused a lot of controversy. The very same definition of what falls under the concept of "libel" is clearly spelled out in the Criminal Code of the Russian Federation.

What is considered defamation under the Criminal Code
What is considered defamation under the Criminal Code

The definition of the word "libel" is devoted to article 129 of the Criminal Code of Russia. Also, the penalties that are provided for this offense are spelled out here.

So, slander is any dissemination of deliberately false information about a person, which can defame him or humiliate his dignity. If such information spoils the victim's reputation, this is also regarded as defamation.

Such an offense can be divided into two types: personal and mass. In the first case, the matter concerns the relationship between two people, which are not actively brought up for mass discussion. That is, false information is given aimingly and is directed only to those areas of activity that are important for the victim. Only a narrow circle of interested persons receives such information from the attacker.

In the case of mass slander, the case concerns information attacks on a fairly well-known person or group of persons. Moreover, to disseminate slanderous information, any available means are used, such as the Internet, the media, etc.

Libel is also divided into oral and written. In the first case, the commission of unlawful acts is more difficult to prove, since the oral announcements still need to be recorded in some way: on a dictaphone, from the words of witnesses, etc.

The punishment for libel is determined by the severity of the information and the presence of a motive. So, for example, if one person sent information of a knowingly false nature to another, for example, about the fact that he was in a psychiatric clinic, the circumstances will be studied. If the accused did not have a motive, he will not bear responsibility for his act.

Criminals aged 16 and over are tried under Article 129 of the RF Criminal Code.

Lawyers are confident that with the introduction of the new law, returning the punishment for false and defamatory information, many problems will arise in the courts. And this will be due to the fact that although the court gives a clear definition of libel, it will be quite difficult to distinguish it from an insult. And insult is not legally punished.

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