Is there an article for insulting a person in a soc. Networks? Public insult of the person: responsibility

An insult to a person is considered to be an action of a person, expressed in an indecent manner with respect to another person, with the aim of humiliating his honor and dignity. The composition of the offense includes all possible types of insults. For example, a written form, verbal, by performing any actions, 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 social. Networks or other sources or actions. Consider everything in order.

What article for insulting a person?

Such an action is regulated by Article 5.61. CAO. Although until recently, the responsibility for the violation in question was regulated by the Criminal Code of the Russian Federation. The insult of the person was then re-qualified as an administrative violation. Some people still erroneously believe that this is a criminal offense. And many do not even know that such actions are an offense and they are sanctioned for them. What is the article for insulting a person? What is its punishment? All this is described in detail in paragraph 5.61. CAO.

The concept of slander

Defamation is considered the dissemination of defamatory dignity and honor of another person knowingly false information. They undermine the reputation of a person. Slander can have a public character, that is, be contained in sources of information and other sources, as well as in public speeches. Can be performed with the use of his official position, contain information about a person's disease, which can be dangerous for others, as well as about accusing a person of committing a crime. Other information discrediting the dignity and honor of a person also applies to the definition in question.

Slander is prohibited by criminal law, as opposed to insult. And this act is punishable by a fine or compulsory labor. To determine which article for an insult to the person or slander is used in this or that case, it is necessary to consider the composition of the offense or crime.

Responsibility for insult

Administrative cases for insult are considered to be cases of private prosecution. They are instituted only upon the application of the injured party or its legal representative.

Article for insulting a person in social. Networks, in the sources of mass information, on radio or television, etc. Assumes responsibility for this act. It is provided for by administrative law in the form of a fine in the amount of one thousand rubles. The amount, of course, not everyone discourages repeating the violation. The amount of the fine is established by the courts.

Insult in social networks

At present, social networks occupy a special place in the life of the population. At least one account on such resources is almost every Russian. Communication, news, new acquaintances, music, games and much more - all this can be found in any social network. But not always communication between users is friendly and laid-back. There are situations when a social network is a source of insults. This is a convenient and common way recently. But not many people know that there is an administrative article for insulting a person. In soc. Networks it happened or somewhere on the street - it does not matter. The main thing was that there was a violation of the law. It is important to really assess your strength to prove the fact of insult.

How to prove the fact of insult in social networks

Insult in the vastness of Internet resources can be both public and non-public. What is the difference? Public insult to the individual 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 law was violated. Only here the insult in social networks is very difficult to prove. Although such precedents are already known. To do this, it is necessary to provide witnesses who can confirm the fact in question. For example, a person must testify that he saw how a particular person who inflicted the insult, typed in his account a certain text, and he appeared on his monitor. We also need to confirm that the accused person sent it to the victim in a particular social network. At the same time, an insult will not be considered unless the message contains a specific indication of the victim. For example, if the text says that Ivanov is "so-and-so," this is not considered an insult, since there are no identifying signs in the text. Consequently, there is no composition of the offense, since the social network account can not be the subject of administrative legal relations. He is not considered a victim in the case. But if it is written that Ivanov II, the year, the place of birth and the place of his residence - "such-and-such", then this is considered an insult and falls under a certain article.

The difference between an insult from slander

Insulting the person and slander have certain signs and their nuances. They make it possible to distinguish one action from another. Defamation is the dissemination of information that is knowingly false about the injured person. And an act that defames the honor and dignity of the injured person is considered an insult. Slander is expressed in the communication about some fictional act or act. For example, that Ivanov PP stole a neighbor's bicycle. But the insult is expressed in a negative evaluation of the person in an indecent manner. As a rule, these words are not allowed by censorship, so we will not give them as an example. When defaming information defaming the person, do not correspond to reality. If such rumors spread, but they reflect the reality, then this fact is not slander and does not form the composition of this violation. And when insulting does not matter the truthfulness of the information. Slander can not touch the mental or physical properties of a person, in contrast to an insult, when you can humiliate a person with a statement expressed in an indecent form that relates to these qualities. An insult is possible either verbally, in writing, or by doing certain actions. Defamation is not characterized by actions.

Article for insulting a person in social. Networks and other sources in its composition does not imply the existence of an indirect intent. The violation in question is committed only with direct intent. Indirect while insulting is impossible. This category of offense includes the fact of anticipation of adverse consequences and the conscious admission of their offensive. Intentions for insult and libel take place not only in the course of disseminating false information about the person or degrading the honor and dignity of the victim, but also when the guilty person realizes that the violations of the law are the result of his actions. Consequently, these actions do not imply an indirect intent.