Protection of honor, dignity and business reputation — a procedure aimed at restoring a person’s good name. Everyone has this right in the event of harm caused by the disclosure of defamatory information that does not correspond to reality. Read more about ways to protect honor and dignity in this article.

Protection of honor and dignity of a citizen

Protection of honor and good name is the constitutional right of every Russian, regardless of age, gender, nationality, official position and other characteristics. This provision is enshrined in Article 23 of the country’s basic law and is duplicated by many legal acts. In particular, Article 152 of the Civil Code of the Russian Federation guarantees citizens judicial protection of honor, dignity and business reputation.

What is honor, dignity and business reputation?

• honor - an assessment of a person from the point of view of his perception by society, based on the social and spiritual qualities of a person;
• dignity, on the contrary, means self-esteem, that is, a person’s idea of ​​himself as an individual and assessment of his own worth;
• business reputation is a category that applies mostly to legal entities, but is also fair for citizens in terms of recognition of professional and personal qualities person in the aggregate.

How can harm to the honor and dignity of a citizen be expressed?

As follows from the provisions of Article 152 of the Civil Code of the Russian Federation, harm to honor, dignity or business reputation consists of disseminating defamatory information about a person. The manner in which such information is disseminated does not matter.

The main condition for the emergence of the right to protection of honor, dignity and business reputation is the discrepancy between the disclosed information and reality.

Important: the responsibility to prove the accuracy of the information lies with the person who disseminated it. Moreover, in this case, the principle of the presumption of innocence is fully in effect, that is, defamatory information is considered a priori false until the contrary is proven in court or otherwise. established by law ok.

A typical example is the publication of information incriminating a person of committing a crime. In such a situation, despite the obvious correctness of the information disseminator, without a court conviction that has entered into force, it is regarded as untrue.

Ways to protect honor, dignity and business reputation

Civil protection of honor (as well as dignity and business reputation) implies 2 types of consequences of its application:

• public refutation of defamatory information;
• compensation for moral damage caused to a citizen as a result of the dissemination of false information about him.

At the same time, one does not exclude the other, that is, the court, depending on the specific circumstances, has the right to apply both sanctions to the violator.

How to ensure compensation for moral damage?

If, in order to achieve a refutation of defamatory information, it is enough to prove its falsity, then compensation for moral damage is allowed only if physical or moral suffering is caused to the victim.

In the case of attacks on honor and dignity, we can talk exclusively about moral suffering, which is very difficult to confirm, much less evaluate. The wording of the legislation on this matter is very vague and does not answer the question of how exactly the presence of suffering should be proven.

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In particular, Article 1101 of the Civil Code of the Russian Federation names the following as criteria for assessing moral damage:

• the nature of moral suffering;
• the degree of guilt of the person who caused them;
• circumstances of violation of rights;
• personality characteristics of the affected person.

Some clarity is brought by the resolution of the plenum of the Supreme Court of the Russian Federation “Some issues of application of legislation on compensation for moral damage” No. 10 of December 20, 1994. The document indicates that moral harm may include, among other things, experiences associated with the loss of a job, the inability to continue the same lifestyle, etc.

As judicial practice shows, various circumstances can be regarded as a loss of the opportunity to continue the usual way of life, such as: exclusion from any public associations; refusal of the victim’s entourage to communicate with him, etc. - all this often occurs as a result of the dissemination of false defamatory information.

As for the compensation itself, it, according to Article 151 of the Civil Code of the Russian Federation, can be expressed exclusively in monetary form. The amount depends on the degree of harm caused and is determined by the court based on the requirements of the victim. There are no restrictions, nor a uniform position of the courts on this matter.

In other words, the victim has the right to claim any amount, but this does not mean that the court will order it to be paid in full.

Important: you can go to court for the protection of honor, dignity and business reputation in terms of compensation for moral damage at any time: by virtue of Article 208 of the Civil Code of the Russian Federation, claims relating to the protection of personal non-property rights are not subject to statute of limitations.

Procedure for refuting false information

In accordance with Article 151 of the Civil Code of the Russian Federation, false information must be refuted in the same way as it was disseminated. In addition, the norm contains several clarifying provisions:

• in case of disclosure of defamatory information in the media, in addition to a refutation, the victim has the right to demand the publication of his review or response there;
• documents containing defamatory information are subject to revocation or cancellation (the provision applies to documents from specific organizations, for example, orders, instructions, etc.);
• if it is impossible to convey a refutation to general information due to the widespread dissemination of false information, the victim can count on its removal from all sources and blocking further dissemination by any means, including the destruction of material media;
• When defamatory information is disseminated on the Internet, it is subject to removal at the request of the victim, followed by publication of a refutation.

Important: the inability to identify the person who disseminated false information does not deprive the victim of the right to defend his honor, dignity and business reputation. In such situations, he can apply to the court with a demand to recognize such information as untrue and to stop publishing refuting materials in the public domain.

Unlike claims for compensation for damage, claims to refute defamatory information are subject to a general statute of limitations, which is 3 years from the moment the victim became aware of the violation of his rights.

Exceptions include claims related to the publication of false information in the media - here interested parties should hurry up, because the statute of limitations in this case is limited to 1 year from the date of publication of the defamatory information.

Other forms of protection of honor, dignity and business reputation

The protection of honor, dignity and business reputation, in addition to civil ones, is guaranteed by the norms of criminal and administrative law.

Thus, humiliation of a person’s honor and dignity, if these actions are expressed in an indecent form, are qualified as an insult and are punished in accordance with Article 5.61 of the Code of Administrative Offenses of the Russian Federation.

The fines provided for by the norm vary from 1,000 to 5,000 rubles, depending on the circumstances of the insult.

The dissemination of defamatory information is completely subject to the Criminal Code - Article 128.1 of the Criminal Code of the Russian Federation establishes liability for libel. And although the culprit does not face imprisonment, the consequences are nevertheless very serious - a large fine (up to 5,000,000 rubles) or compulsory work During a long time.

If desired, the victim of slander can use any method of protecting honor, dignity and business reputation or use them all at once. All that is needed for this is to contact the magistrate with a statement to bring the culprit to justice. It is possible to achieve compensation for moral damage and refutation of false information within the framework of a criminal case - the judge will make the appropriate decision simultaneously with the sentencing.

Important: protection of honor, dignity and business reputation is a right guaranteed not only during the life of a citizen, but also after his death. In this case, the relatives of the deceased victim or other interested parties can implement it. Some difficulties may arise only if the descendants wish to receive compensation for moral damage - it is allowed only in relation to persons who directly suffered.

1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. The refutation must be made in the same way in which information about the citizen was disseminated, or in another similar way.

At the request of interested parties, it is possible to protect the honor, dignity and business reputation of a citizen even after his death.

2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media mass media, must be refuted in the same media. A citizen in respect of whom the specified information has been disseminated in the media has the right to demand, along with a refutation, that his response also be published in the same media.

3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and, in connection with this, a refutation cannot be brought to public knowledge, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of further dissemination of this information by seizure and destruction, without any compensation, of copies of material media containing the specified information made for the purpose of introducing into civil circulation, if without destroying such copies of material media, deleting the relevant information is impossible.

5. If information discrediting the honor, dignity or business reputation of a citizen turns out to be available on the Internet after its distribution, the citizen has the right to demand the removal of the relevant information, as well as a refutation of this information in a way that ensures that the refutation is communicated to Internet users.

6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen in cases other than those specified in paragraphs 2 - 5 of this article is established by the court.

7. Application of penalties to the violator for failure to comply with a court decision does not relieve him of the obligation to perform the action prescribed by the court decision.

8. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information was disseminated has the right to apply to the court to declare the disseminated information untrue.

9. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with a refutation of such information or publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information.

10. The rules of paragraphs 1 - 9 of this article, with the exception of the provisions on compensation for moral damage, can also be applied by the court to cases of dissemination of any untrue information about a citizen, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the specified information in the media is one year from the date of publication of such information in the relevant media.

11. The rules of this article on the protection of a citizen’s business reputation, with the exception of provisions on compensation for moral damage, respectively apply to the protection of business reputation legal entity.

Expert comment:

In the legal field of Art. 152 of the Civil Code of the Russian Federation occupies a unique place, since it is based primarily on subjective factors. Its norms are aimed at protecting honor and dignity, and each plaintiff is free to put forward his own version of what, from his point of view, creates damage to them.

Comments to Art. 152 Civil Code of the Russian Federation

1. Honor, dignity, business reputation are close moral categories. Honor and dignity reflect an objective assessment of a citizen by others and his self-esteem. Business reputation is an assessment professional qualities citizen or legal entity.

The honor, dignity, and business reputation of a citizen collectively determine a “good name,” the inviolability of which is guaranteed by the Constitution (Article 23).

2. To protect the honor, dignity, and business reputation of a citizen, a special method is provided: refutation of widespread defamatory information. This method can be used if there are a combination of three conditions.

First, the information must be defamatory. The basis for assessing information as defamatory is not a subjective, but an objective sign. In the Resolution of the Plenum of the Armed Forces of the Russian Federation of August 18, 1992 No. 11 “On some issues arising when courts consider cases on the protection of the honor and dignity of citizens, as well as the business reputation of citizens and legal entities,” it is specifically noted that “information that does not correspond to reality is defamatory, containing statements about a violation by a citizen or organization of current legislation or moral principles (about the commission of a dishonest act, incorrect behavior in the work collective, everyday life and other information discrediting the production, economic and social activities, business reputation, etc.) that detract from honor and dignity.”

Secondly, information must be disseminated. The aforementioned Resolution of the Plenum of the Armed Forces of the Russian Federation provides an explanation of what should be understood by the dissemination of information: “Publication of such information in the press, broadcast on radio and television video programs, demonstration in newsreels and other media, presentation in official characteristics, public speaking, statements addressed to officials, or communication in other, including oral, form to several or at least one person." It is specially emphasized that the communication of information to the person to whom it concerns in private is not considered as distribution.

Thirdly, the information must not correspond to reality. At the same time, the commented article enshrines the principle of the presumption of innocence of the victim inherent in civil legislation: information is considered untrue until the person who disseminated it proves the opposite (see about this Bulletin of the Armed Forces of the Russian Federation. 1995. No. 7. P. 6).

3. On the protection of honor, dignity and business reputation of the deceased, see commentary. to Art. 150 GK.

4. In paragraph 2 of the commented article, the procedure for refuting defamatory information that was disseminated in the media is specifically highlighted. It is regulated in more detail in the Law of the Russian Federation of December 27, 1991 “On the Mass Media” (Vedomosti RF. 1992. N 7. Art. 300). In addition to the requirement that the refutation must be published in the same media in which the defamatory information was disseminated, the Law established that it must be typed in the same font, in the same place on the page. If a refutation is given on radio or television, it must be broadcast at the same time of day and, as a rule, in the same program as the message being refuted (Articles 43, 44 of the Law).

The commented article specifically highlights the procedure for refuting information contained in a document - such a document must be replaced. We may be talking about replacement work book, which contains a defamatory entry about the dismissal of the employee, characteristics, etc.

Although in all other cases the procedure for refutation is established by the court, it follows from the meaning of the commented article that it must be carried out in the same way in which the defamatory information was disseminated. This is precisely the position taken by judicial practice.

5. From paragraph 2 of the commented article it follows that in all cases of attacks on honor, dignity and business reputation, a citizen is provided with judicial protection. Therefore, the rule established by the Law on Mass Media, according to which the victim must first contact the media with a demand for a refutation, cannot be considered as mandatory.

Special permission on this issue is contained in Resolution of the Plenum of the Armed Forces of the Russian Federation dated August 18, 1992 N 11. It is noted that “paragraphs 1 and 7 of Article 152 of the first part of the Civil Code Russian Federation It has been established that a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, and a legal entity - information discrediting his business reputation. At the same time, the law does not provide for mandatory preliminary submission of such a demand to the defendant, including in the case when the claim is brought against the media outlet that disseminated the above information.”

6. Paragraph 3 of the commented article establishes a procedure for protecting the honor, dignity and business reputation of a citizen in the event that information is disseminated in the media that does not have signs that give the right to refute it. We can talk, for example, about defamatory information that corresponds to reality, or non-defamatory information that does not correspond to reality, but at the same time its dissemination to some extent infringes on the rights and legitimate interests of a citizen and detracts from his business reputation. In these cases, the citizen has the right not to a refutation, but to a response, which should be published in the same media. Although this method of protection, such as publishing a response, is established only in relation to the media, it is possible that it can be used when disseminating information in another way.

Failure to comply with these court decisions is punishable by a fine in accordance with Art. 406 Code of Civil Procedure and Art. 206 APC in the amount of up to 200 established by law minimum sizes wages.

7. Special methods of defense - giving a refutation or answer - are used regardless of the guilt of the persons who allowed the dissemination of such information.

Paragraph 5 of the commented article confirms the possibility of using, in addition to special and general methods of protection, to protect honor, dignity and business reputation. The most common ones are named: compensation for losses and compensation for moral damage. Property and non-property damage resulting from violation of honor, dignity and business reputation are subject to compensation according to the standards contained in Chapter. 59 of the Civil Code (liability due to harm). In accordance with these standards, compensation for property damage (losses) is possible only in case of guilty dissemination of information (Article 1064 of the Civil Code), and compensation for moral damage - regardless of guilt (Article 1100 of the Civil Code).

In addition to those mentioned, any other general methods of protection can be used (see commentary to Article 12 of the Civil Code), in particular the suppression of actions that violate the right or create a threat of its violation (withdrawal of a newspaper, magazine, book, prohibition of publication of a second edition and so on.).

8. Clause 6 contains another special method of protecting the honor, dignity and business reputation of citizens during the anonymous dissemination of information: the court declaring the disseminated information untrue. The Code of Civil Procedure does not establish a procedure for considering such claims. Obviously, they must be considered in a special proceeding provided for establishing facts of legal significance (Chapters 26, 27 of the Code of Civil Procedure). The same procedure, obviously, can be used if there is no distributor (death of a citizen or liquidation of a legal entity).

Cases of anonymous dissemination of information do not include publications in the media without indicating their author. In these cases, there is always a distributor, and therefore this media outlet is the responsible person.

9. In the event of a violation of the business reputation of a legal entity, it has the right to demand a refutation of disseminated defamatory information, replacement of the issued document, publication of a response in the media, establishment of the fact that the disseminated information does not correspond to reality, etc. A legal entity has the right to demand compensation for losses. As for moral damage, it is in accordance with Art. 151 of the Civil Code is compensated only to citizens, since only they can endure moral and physical suffering.

Civil Code, N 51-FZ | Art. 152 Civil Code of the Russian Federation

Article 152 of the Civil Code of the Russian Federation. Protection of honor, dignity and business reputation (current version)

1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. The refutation must be made in the same way in which information about the citizen was disseminated, or in another similar way.

At the request of interested parties, it is possible to protect the honor, dignity and business reputation of a citizen even after his death.

2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in respect of whom the specified information has been disseminated in the media has the right to demand, along with a refutation, that his response also be published in the same media.

3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and, in connection with this, a refutation cannot be brought to public knowledge, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of further dissemination of this information by seizure and destruction, without any compensation, of copies of material media containing the specified information made for the purpose of introducing into civil circulation, if without destroying such copies of material media, deleting the relevant information is impossible.

5. If information discrediting the honor, dignity or business reputation of a citizen turns out to be available on the Internet after its distribution, the citizen has the right to demand the removal of the relevant information, as well as a refutation of this information in a way that ensures that the refutation is communicated to Internet users.

6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen in cases other than those specified in paragraphs 2 - 5 of this article is established by the court.

7. Application of penalties to the violator for failure to comply with a court decision does not relieve him of the obligation to perform the action prescribed by the court decision.

8. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information was disseminated has the right to apply to the court to declare the disseminated information untrue.

9. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with a refutation of such information or publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information.

10. The rules of paragraphs 1 - 9 of this article, with the exception of the provisions on compensation for moral damage, can also be applied by the court to cases of dissemination of any untrue information about a citizen, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the specified information in the media is one year from the date of publication of such information in the relevant media.

11. The rules of this article on the protection of a citizen’s business reputation, with the exception of provisions on compensation for moral damage, respectively apply to the protection of the business reputation of a legal entity.

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Commentary to Art. 152 Civil Code of the Russian Federation

1. Honor, in other words, a good name is the perception of the subject by himself, as well as by those around him, from the point of view of the personal qualities of this subject.

Dignity is traditionally understood as self-esteem, the perception of the subject ( an individual) yourself.

The business reputation of an individual, as well as a legal entity, is understood as the established perception, not by this person, but by other persons, of the professional qualities of an individual or legal entity that has individual advantages over other entities engaged in similar activities.

These intangible benefits are protected by current legislation (in particular, criminal liability for libel, i.e. dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, is provided for in Article 128.1 of the Criminal Code of the Russian Federation).

A violation of honor, dignity, and business reputation may be the dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities.

The dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities should be understood as publication of such information in the press, broadcast on radio and television, demonstration in newsreels and other media, distribution on the Internet, as well as using other means of telecommunications, presentation in official characteristics, public speeches, statements addressed to officials, or communication in one form or another, including oral, to at least one person. The communication of such information to the person to whom it concerns cannot be recognized as its dissemination if the person who provided this information took sufficient confidentiality measures so that it does not become known to third parties.

Untrue information is statements about facts or events that did not take place in reality at the time to which the disputed information relates. Information contained in court decisions and sentences, decisions of preliminary investigation bodies and other procedural or other official documents, for appeal and challenge of which another judicial procedure established by law is provided for, cannot be considered as untrue (for example, cannot be refuted in accordance with Art. 152 of the Civil Code of the Russian Federation, information set out in the order of dismissal, since such an order can only be challenged in the manner prescribed by the Labor Code of the Russian Federation).

Defamatory, in particular, is information containing allegations of violation by a citizen or legal entity of the current legislation, committing a dishonest act, incorrect, unethical behavior in personal, public or political life, dishonesty in the implementation of production, economic and entrepreneurial activity, violation business ethics or business customs that detract from the honor and dignity of a citizen or the business reputation of a citizen or legal entity.

By general rule the responsibility to prove this or that circumstance lies with the person who pointed out this circumstance (Part 1 of Article 56 of the Code of Civil Procedure of the Russian Federation). However, in cases of protection of honor, dignity and business reputation, the responsibility to prove the accuracy of the disseminated information lies with the defendant. The plaintiff is obliged to prove the fact of dissemination of information by the person against whom the claim is brought, as well as the defamatory nature of this information.

If untrue and defamatory information is disseminated against minors or incapacitated citizens, claims to protect their honor and dignity can be brought by their legal representatives (for example, parents). After the death of a citizen, the protection of his honor, dignity and business reputation can be initiated by his relatives and (or) heirs.

2. When satisfying a claim for the protection of honor and (or) dignity and (or) business reputation, the court in the operative part of the decision is obliged to indicate the method of refuting defamatory information that does not correspond to reality and, if necessary, state the text of such a refutation, which must indicate what information are defamatory information untrue, when and how they were disseminated, and also determine the period within which a refutation must follow. A refutation disseminated in the media may take the form of a message about an action taken this case court decision, including publication of the text of the court decision.

As a general rule, a court decision to refute information discrediting honor, dignity and business reputation must be executed voluntarily. Otherwise, after the court ruling has entered into legal force, the person has the right to apply to the court with a petition to issue a writ of execution to contact the bailiff service for the purpose of its subsequent forced execution. In cases of failure by the debtor to fulfill the requirements contained in the enforcement document within the period established for voluntary execution, within 24 hours from the receipt of a copy of the bailiff's decision to initiate enforcement proceedings, the bailiff issues a resolution to collect the enforcement fee and sets a new deadline for the debtor for execution. And if the debtor fails to fulfill the requirements contained in the writ of execution, without good reasons within the newly established period the person may be, in accordance with Part 2 of Art. 105 Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” was brought to administrative liability under Art. 17.15 of the Code of Administrative Offenses of the Russian Federation, and in case of further failure to comply with the court decision - up to criminal charges (under Article 315 of the Criminal Code of the Russian Federation).

Having assessed, in accordance with the requirements of Chapter 7 of the Code, the evidence presented by the parties, in their totality and interrelation, based on the actual circumstances of the case, guided by Article 152 of the Civil Code of the Russian Federation, Review of the practice of consideration by courts of cases in disputes regarding the protection of honor, dignity and business reputation, approved by the Presidium of the Supreme Court of the Russian Federation on March 16, 2016, the appellate court, overturning the decision of the first instance court, proceeded from the fact that the product shown in the frame was labeled trademark"Blagoyar", the copyright holder of which is the company...

In accordance with Art. 23 of the Constitution of the Russian Federation, everyone has the right to defend their honor and good name. The Plenum of the Armed Forces of the Russian Federation in its resolution dated February 24, 2005 No. 3 “On judicial practice on cases of protection of honor and dignity of citizens, as well as business reputation of citizens and legal entities” draws the attention of courts to the fact that the right of citizens to protect honor, dignity and business reputation is their constitutional right, and the business reputation of legal entities is one of the conditions for their successful activities.

Article 1274 of the Civil Code of the Russian Federation establishes the possibility of creating a parody or caricature without the consent of the author or other holder of the exclusive right to the original work and without paying him remuneration. If a parody or caricature discredits the honor, dignity or business reputation of the author of the original work, he has the right to defend them in the manner prescribed by Art. 152 of the Civil Code of the Russian Federation.

The dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities should be understood as publication of such information in the press, broadcast on radio and television, demonstration in newsreels and other media, distribution on the Internet, as well as using other means telecommunications, presentation in official characteristics, public speeches, statements addressed to officials, or communication in one form or another, including oral, to at least one person. The communication of such information to the person to whom it concerns cannot be recognized as its dissemination if the person who provided this information took sufficient confidentiality measures so that it does not become known to third parties.

Untrue information is statements about facts or events that did not take place in reality at the time to which the disputed information relates. Information contained in court decisions and sentences, decisions of preliminary investigation bodies and other procedural or other official documents, for appeal and challenge of which another judicial procedure established by law is provided for, cannot be considered as untrue (for example, cannot be refuted in accordance with Art. 152 of the Civil Code of the Russian Federation, information set out in the order of dismissal, since such an order can only be challenged in the manner prescribed by the Labor Code of the Russian Federation).

Defamatory, in particular, is information containing allegations of a citizen or legal entity violating the current legislation, committing a dishonest act, incorrect, unethical behavior in personal, public or political life, dishonesty or the implementation of production, economic and entrepreneurial activities, violation of business ethics or customs that belittle the honor and dignity of a citizen or the business reputation of a citizen or legal entity.

The legal basis when considering issues of protection of honor, dignity and business reputation other than Art. 152 of the Civil Code of the Russian Federation is Art. 1 Federal Law dated 30.03.1998 No. 54-FZ “On the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto”, the legal position of the EMSP, expressed in regulations and relating to issues of interpretation and application of the Convention (primarily Article 10), while having in mind that the concept of defamation used by the Unified State Court in its decisions is identical to the concept of dissemination of defamatory information that does not correspond to reality, contained in Art. 152 of the Civil Code of the Russian Federation.

The legislation provides for cases of exemption from liability for the dissemination of false defamatory information. The list of such cases is fixed in Art. 57 of the Law of the Russian Federation of December 27, 1991 No. 2124-1 “On the Mass Media” is exhaustive and is not subject to broad interpretation. For example, a reference by media representatives to the fact that the publication is advertising material cannot serve as a basis for exemption from liability. By virtue of Art. 36 of the Law, the distribution of advertising in the media is carried out in the manner established by law RF about advertising. According to Art. 1 of the Federal Law of March 13, 2006 No. 38-FZ “On Advertising”, the goals of this Law are the development of markets for goods, works and services based on compliance with the principles of fair competition, ensuring the unity of the economic space in the Russian Federation, the implementation of the right of consumers to receive fair and reliable advertising , creating favorable conditions for production and distribution social advertising, preventing violations of the legislation of the Russian Federation on advertising, as well as suppressing instances of inappropriate advertising.

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