To calculate the offender by IP is yesterday. Notaries are involved.
A troll can be punished in court, simply by taking a screenshot of the dialogue with him and reassuring the screenshot to the notary
Image source: Roskomsvoboda
Troll punishment is now possible without any threats and IP calculations. It is enough to make a conversation with your network interlocutor, complete the screenshot at the notary, and go to court. One screenshot will be enough to start the trial, they write "Izvestia". Representatives of the PNP argue that through such a lawsuit, you can receive compensation for non-pecuniary damage. Now any notary of Russia can assure a screenshot of the user who applied.
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According to the FNP, certification of the fact of trolling in the social network is a logical extension of the activity of notaries during the rapid development of the intern. You can reassure information from the Network about yourself and third parties. “It depends not only on the penetration of the Internet and social networks into our lives, but also on the growth of legal literacy among Russians. Armed with knowledge on this issue can protect their rights and receive compensation, ”say the Federal Notary Chamber.
The minimum amount of the claim in this case may amount to 15 thousand rubles. The maximum amount of the claim is not fixed by law, but it can be set at any level (roughly speaking, I would like to indicate what amount, and specify this amount).
According to the lawyer Elizaveta Khudyakova, everything is not so simple. “But you should always bear in mind that proving the fact of distribution by notarizing the page on the Internet is only part of the case. The main difficulty in the affairs of this category is to prove that the web page belongs to a specific person, and to determine the circle of respondents. In this sense, the empowerment of the notary, alas, will in no way affect the outcome of such disputes, ”points out Elizaveta Khudyakova.
Also, according to her, the plaintiff must necessarily prove the fact of the dissemination of information about himself.
“The fact of distribution can be proved directly at the court session within the framework of the petition for examination of evidence satisfied by the court. In such a situation, the court and the parties in the process with the help of a computer connected to the Internet, browse the web page on which information regarding the claimant is posted. But often at the time of going to court, defamatory statements and information can be removed, therefore, it is better to take care to provide evidence in advance by contacting a notary. Notary services will be expensive, but sometimes turning to him is the only way out, ”the lawyer commented on the situation.
According to Russian laws, the actions of the offender must fall under the concept of "insults" and "slander." "- If the actions of one Web user against another are precisely insulting or are intended to denigrate his reputation and use deliberately false information, then, indeed, the punishment may follow: under article 5.61 of the Administrative Code for insults physical persons are subject to a penalty of 3– 5 thousand rubles, "says Vasily Itskov, head of dispute resolution practice at Horizon Capital.
Turning to the notary, it should be understood that he does not give a legal assessment of the actions of the offender. In this question the court should understand. And if the court decides that the defendant did not have the desire to offend the interlocutor, the notarization of the website does not help, the claim will be rejected.
Some lawyers believe that trolling really needs to be fought by law. “If the state permits the fixation of such unlawful actions by an alternative method, and not only by notarizing the authenticity of the Internet pages, this step towards the society from the state can only be welcomed. For example, trolling can be entrusted to fix providers, "- said Matthew Levant.
At the same time, not only a lot of notaries can provide a service for certifying Internet pages. In cities with over a million such notaries, usually 2-3. Nevertheless, the technical support of the notary is gradually improving, so that this problem may soon be resolved.
Another point is the cost of notary services. Turning to a specialist, the applicant must remember that his services are paid. And the price of the issue in a similar situation starts from 3.2 thousand rubles. 3 thousand rubles is the cost of one descriptive page of the protocol (here the notary indicates which social network pages he visited and what he saw there). Screenshots cost 100 rubles per page and are attached to the protocol.
Image source: Roskomsvoboda
Troll punishment is now possible without any threats and IP calculations. It is enough to make a conversation with your network interlocutor, complete the screenshot at the notary, and go to court. One screenshot will be enough to start the trial, they write "Izvestia". Representatives of the PNP argue that through such a lawsuit, you can receive compensation for non-pecuniary damage. Now any notary of Russia can assure a screenshot of the user who applied.
')
According to the FNP, certification of the fact of trolling in the social network is a logical extension of the activity of notaries during the rapid development of the intern. You can reassure information from the Network about yourself and third parties. “It depends not only on the penetration of the Internet and social networks into our lives, but also on the growth of legal literacy among Russians. Armed with knowledge on this issue can protect their rights and receive compensation, ”say the Federal Notary Chamber.
The minimum amount of the claim in this case may amount to 15 thousand rubles. The maximum amount of the claim is not fixed by law, but it can be set at any level (roughly speaking, I would like to indicate what amount, and specify this amount).
According to the lawyer Elizaveta Khudyakova, everything is not so simple. “But you should always bear in mind that proving the fact of distribution by notarizing the page on the Internet is only part of the case. The main difficulty in the affairs of this category is to prove that the web page belongs to a specific person, and to determine the circle of respondents. In this sense, the empowerment of the notary, alas, will in no way affect the outcome of such disputes, ”points out Elizaveta Khudyakova.
Also, according to her, the plaintiff must necessarily prove the fact of the dissemination of information about himself.
“The fact of distribution can be proved directly at the court session within the framework of the petition for examination of evidence satisfied by the court. In such a situation, the court and the parties in the process with the help of a computer connected to the Internet, browse the web page on which information regarding the claimant is posted. But often at the time of going to court, defamatory statements and information can be removed, therefore, it is better to take care to provide evidence in advance by contacting a notary. Notary services will be expensive, but sometimes turning to him is the only way out, ”the lawyer commented on the situation.
According to Russian laws, the actions of the offender must fall under the concept of "insults" and "slander." "- If the actions of one Web user against another are precisely insulting or are intended to denigrate his reputation and use deliberately false information, then, indeed, the punishment may follow: under article 5.61 of the Administrative Code for insults physical persons are subject to a penalty of 3– 5 thousand rubles, "says Vasily Itskov, head of dispute resolution practice at Horizon Capital.
Turning to the notary, it should be understood that he does not give a legal assessment of the actions of the offender. In this question the court should understand. And if the court decides that the defendant did not have the desire to offend the interlocutor, the notarization of the website does not help, the claim will be rejected.
Some lawyers believe that trolling really needs to be fought by law. “If the state permits the fixation of such unlawful actions by an alternative method, and not only by notarizing the authenticity of the Internet pages, this step towards the society from the state can only be welcomed. For example, trolling can be entrusted to fix providers, "- said Matthew Levant.
At the same time, not only a lot of notaries can provide a service for certifying Internet pages. In cities with over a million such notaries, usually 2-3. Nevertheless, the technical support of the notary is gradually improving, so that this problem may soon be resolved.
Another point is the cost of notary services. Turning to a specialist, the applicant must remember that his services are paid. And the price of the issue in a similar situation starts from 3.2 thousand rubles. 3 thousand rubles is the cost of one descriptive page of the protocol (here the notary indicates which social network pages he visited and what he saw there). Screenshots cost 100 rubles per page and are attached to the protocol.
Source: https://habr.com/ru/post/356036/
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