An insult to a person is considered to be a person’s action, expressed in indecent form in relation to another person, in order to humiliate his honor and dignity. The offense includes all possible types of insults. For example, a written form, verbal, by performing any action, using video and audio recordings, video editing or using the Internet. All this is covered by the action of one article. Therefore, a separate article for insulting a person in the social. networks or any other sources and actions are missing. Let's consider everything in order.
What article is for insulting a person?
Such an action is governed by article 5.61. CAO. Although until recently, liability for the violation in question was regulated by the Criminal Code of the Russian Federation. An insult to a person was then re-qualified as an administrative violation. Some people still mistakenly believe that this is a criminal offense. And many do not know at all that such actions are an offense and certain sanctions are provided for them. What article for insulting personality is valid? What is the punishment imposed by her? All this is spelled out in detail in paragraph 5.61. CAO.
The concept of defamation
Defamation is considered to be the dissemination of knowingly false information defaming the dignity and honor of another person. They undermine a person’s reputation. Defamation may be of a public nature, that is, contained in media sources and other sources, as well as in public speaking. It can be committed with the use of one's official position, contain information about a person’s illness, which may be dangerous for others, as well as accusations of a person committing a crime. Other information discrediting the dignity and honor of a person also applies to the definition in question.
Defamation is prohibited by criminal law, as opposed to insult. And this action is punished with a fine or compulsory labor. To determine which article for insulting a person or defamation is used in a particular case, it is necessary to consider the composition of the offense or crime.
Responsibility for insult
Administrative offense cases are considered private prosecution cases. They are excited only at the request of the injured party or its legal representative.
Article for insulting a person in social. networks, in the media, on radio or television, etc. assumes responsibility for this act. It is provided for by administrative law in the form of a fine of one thousand rubles. The amount, of course, does not discourage everyone from repeating the violation. The size of the fine is established in court.
Social Insult
Currently, social networks occupy a special place in the life of the population. Almost every Russian has at least one account on such resources. Communication, news, new acquaintances, music, games and much more - all this can be found on any social network. But not always communication between users is friendly and laid-back. There are situations when a social network serves as a source of insult. This is a convenient and common way recently. But not many people know that there is an administrative article for insulting a person. In the social. networks it happened or somewhere on the street - it doesn’t matter. The main thing was that there was a violation of the law. It is important to really evaluate your strength in order to prove the fact of insult.
How to prove the fact of insult on social networks
An insult to the vastness of Internet resources can be both public and non-public. What is the difference? Public insulting a person in social networks occurs by writing a humiliating text that is visible to all users of the Internet resource. A non-public message is seen only by a specific user to whom it is addressed. It is not so important how the violation of the law was committed. Only an insult on social networks is very difficult to prove. Although such precedents are already known. For this, it is necessary to provide witnesses who can confirm the fact in question. For example, a person must testify that he saw a particular person who inflicted an insult typing a certain text in his account and he appeared on his monitor.
It is also necessary to confirm that the accused person sent him to the injured person in a certain social network. In this case, an insult will not be considered if the message does not specifically indicate the victim. For example, if the text says that Ivanov I. I. is “so-and-so”, this is not considered an insult, since the text does not contain identifying signs. Therefore, there is no corpus delicti, since the social network account cannot be the subject of
administrative legal relations. He is not considered a victim in the case. But if it is written that Ivanov I.I., year, place of birth and place of residence is “such and such”, then this is considered an insult and falls under a certain article.
The difference between insult and slander
Insulting personality and slander have certain signs and their own nuances. It is they that make it possible to distinguish one action from another. Libel is the dissemination of information that is knowingly false in nature about the injured person. And an insult is considered to be actions that discredit the honor and dignity of the injured person. Defamation is expressed in reporting any fictitious act or act. For example, that Ivanov P.P. stole a bicycle from a neighbor. But the insult is expressed in a negative assessment of the person in indecent form. As a rule, these words are not allowed by censorship, so we will not cite them as an example.
With libel, information defaming the person does not correspond to reality. If such rumors are spread, but they reflect reality, then this fact is not a slander and does not form the composition of this violation. And when insulting, the truthfulness of the information does not matter. Defamation cannot concern the mental or physical properties of a person, in contrast to insult, when a person can be humiliated by a statement expressed in indecent form related to these qualities. Insult is possible in oral, written form, as well as through the commission of certain actions. But slander is not characterized by actions.
Article for insulting a person in social. networks and other sources in its composition does not imply the presence of indirect intent. The violation in question is committed only with direct intent. Indirect is impossible when insulting. This category of offense includes the fact of predicting adverse effects and the conscious assumption of their onset. Intent when insulting and slandering takes place not only during the dissemination of false information about the person or the humiliation of the honor and dignity of the victim, but also when the guilty person realizes that the result of his actions are precisely the violations of the law under consideration. Therefore, these actions do not imply indirect intent.