Victims of abuse in social networks will be able to sue the offenders

Notaries certify the facts become trolling on the internet that will help to start the trial.

The fact of bullying and abuse (trolling, as it is called Internet users) in social networks now can notarize, which will start the trial. This “News” told the Federal Notary Chamber (FNP). According to the FNV, the document needs to offended could try to win a claim for non-pecuniary damage. As described in FNP, potentially ready to provide this service all 8 th. Notaries.

The PNP clarified that the certification of the facts trolling in social networks is a logical extension of the activities of notaries in the era of rapid development of the Internet. According to the FNV, the Russians can notarize the information from the web (about themselves, third parties) - to provide evidence to the court. The PNP does not doubt that the demand for the service will be significant.

- It depends not only on the penetration of the Internet and social networks in our lives, but also on the growth of legal literacy of Russians. Armed with knowledge of the matter can protect their rights and obtain compensation, - claim in the Federal Notary Chamber.

The plaintiff could sue offenders for at least 15 thousand. Rubles. The maximum amount of the claim is not fixed by law, it can be installed on any level. According to lawyers, litigation on this issue is uniform and is in favor of the plaintiffs.

Lawyer Elizabeth Khudyakov Cchitaetsya innovation logical extension of notary powers in the field of evidence. In its view, this innovation will be a success not only for citizens but also many companies, because trolling can be sent, including, and impairing the goodwill of companies. Lawyer Company “Yukov and partners,” Catherine Baglaeva confident that demand for notarization of the facts of trolling the Internet will continue to grow as we expand the use of Internet technologies in the activity of companies and citizens.

- But you should always keep in mind that prove the fact of distribution, notarized page on the Internet, only part of the story - indicates Elizabeth Khudyakov. - The main difficulty in the affairs of this category - to prove that the Internet site belongs to a specific person, and determine the range of the defendants. In this sense, the expansion of the notary’s office, unfortunately, does not affect the outcome of such disputes.

In addition, the applicant must necessarily prove the fact of distribution of the dissemination of information about it (according to the decision of the Supreme Court number 3 of 24 February 2005), reminds Khudyakov.

- Dissemination of facts can be demonstrated directly in the hearing as part of the court satisfied the petition of the examination of evidence, - the lawyer explains. - In such a situation, the court and the parties in the process of using a computer connected to the Internet, and fro the web page on which the information placed in relation to the plaintiff. But often at the time of going to court defamatory statements and information can be removed, so take care to ensure the best evidence in advance by contacting the notary. Notary services will cost dearly, but sometimes appeal to it - the only way out.

Head of Dispute Resolution Practice Company “Horizon Capital” Basil Itskov notes that it is important to interpret the actions of the offender on the web. Russian legislation uses the term “insult” and “defamation”. And the actions of the offender shall be subject to these terms.

- In the event that the actions of one user against another web are just offensive, or are intended to tarnish his reputation and at the same time used false information, then, indeed, the punishment may follow: Article 5.61 of the Administrative Code for the offense for individuals there is a penalty in the amount of 3-5 thous. rubles.

According to Vasily Itskova in Russian practice courts are extremely reluctant to award as a large amount of compensation.

- They are based on the proportionality of the compensation scale of the damage caused, - indicates a company spokesperson “Horizon Capital”.

For example, offensive language on the Web can lead to serious consequences, ranging from loss of employment, ending with the collapse of the family.

Catherine Baglaeva draws attention to the fact that the notary did not give any estimates of what it examines - the case of vessels. That is, if the court finds that the plaintiff hyperbolically took someone else’s post to Facebook, in “VKontakte”, “Classmates” as an insult, notarization web pages will not help.

President of the Bar Association “Levant and partners” Matvey Levant believes that trolling must be fought legally.

- If the state allow the fixation of such illegal actions alternative way, not only through the notarization of the web pages of authenticity, this step forward by the government can only be welcomed by the public, - said Matvey Levant. - For example, trolling can be charged to fix providers.

Lawyer VEGAS LEX Kirill Nikitin sure that it is extremely important to the development of material-technical base of the notaries (to a greater number of notaries could provide a similar service).

- Often in cities over one million, there are only 2-3 notary, have the technical capacity to assure the maintenance of the web page, which makes it difficult to access such services, - Kirill Nikitin said. - In this case, the same MFC providing similar services, are technically much better equipped.

At the same time, it emphasizes the lawyer, the national average amount of compensation for moral damages rarely exceed a specified value of notarial acts.

- Cost of services notary public in this case, starts from 3,1 thousand rubles, -. Explained in the press service of the PNP. -. 3 thousand rubles worth one page narrative report (where the notary indicates what pages in social networks, he came out there that have seen). Screenshots of pages in with Facebook, “VKontakte”, “Classmates” are applications to the minutes and cost 100 rubles per page.

2 June 2016

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