Theory of everything. Civil Code of the Russian Federation (CC RF) Protection of intangible goods on the Internet

Official text:

Article 152. Protection of honor, dignity and business reputation

1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. The refutation must be made in the same way that information about the citizen was disseminated, or in another similar way.

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed 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 said information is disseminated in the mass media has the right to demand, along with a refutation, also the publication of his answer in the same mass 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 the refutation cannot be brought to public attention, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of the further dissemination of the specified information by withdrawing and destruction, without any compensation, of copies of material carriers made for the purpose of introducing into civil circulation containing the specified information, if without the destruction of such copies of material carriers, the removal of the relevant information is impossible.

5. If information that discredits the honor, dignity or business reputation of a citizen becomes available on the Internet after its dissemination, the citizen has the right to demand the removal of the relevant information, as well as a refutation of the specified information in a way that ensures that the refutation is brought to the attention of Internet users.

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

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

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

9. A citizen in respect of whom information is disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his answer, 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, may also be applied by the court to cases of dissemination of any information about a citizen that does not correspond to reality, if such a citizen proves that the indicated information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the said information in the mass media is one year from the date of publication of such information in the relevant mass media.

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

Lawyer's comment:

The concepts of "honor", "dignity", "reputation" essentially coincide, defining the moral status of the individual, his self-esteem and position in society. Dignity and the right to protect one's good name are recognized for every person and are protected by the state as the highest values (Articles 2, 21, 23 of the Constitution). Business reputation characterizes a citizen as an employee, is an assessment of his professional qualities that are significant for being in demand in the labor market.

To disseminate defamatory information means to communicate it to a wide audience, to several or at least one person. The message can be public or private, made in written or oral form, using the media, as well as by image (drawing, photomontage). The communication of information discrediting honor, dignity and business reputation to the person to whom they relate is not recognized as dissemination.

The honor and dignity of a citizen is also protected by the criminal law, which provides for liability for slander and insult (Articles 129, 130 of the Criminal Code). Simultaneous consideration of a criminal case and resolution of a claim under Article 152 of the Civil Code of the Russian Federation is unacceptable. However, the refusal to initiate or terminate a criminal case, the issuance of a verdict (both guilty and acquittal) does not prevent the consideration of a claim for the protection of honor and dignity in civil proceedings.

Discrediting information detracts from the honor, dignity and business reputation of a citizen in public opinion or in the opinion of individuals. The objective criteria for the recognition by the court of the discrediting nature of the disseminated information are the current legal norms, the principles of universal and professional morality, and business practices.

Discrediting allegations of violations of these norms and principles are usually reports of a citizen committing specific unworthy acts, the so-called judgments of fact. Estimates (opinions, interpretations) should be distinguished from factual judgments. Evaluation does not state a fact, but expresses a person's attitude to an object or its individual features ("good - bad", "good - evil", "worst - best", "attractive - repulsive", etc.).

At the same time, it should be taken into account that, in addition to distinct descriptive and evaluative judgments, there is a wide layer of evaluative expressions in the language with actual reference, i.e. words that give a specific description, containing statements in the form of an assessment ("criminal", "dishonest", "deceitful", "incompetent", "optional", etc.). The validity of such statements can be verified; if not proven, they are subject to refutation. In any case, regardless of the degree of specification, political and ideological assessments cannot be recognized as discrediting; critical remarks on a scientific work or concept; ethically and business-neutral information about character traits, illnesses, physical disabilities.

Article 152 protects honor, dignity and business reputation only on the condition that discrediting information does not correspond to reality. Therefore, insulting expressions and comparisons that cannot be verified for truth are not subject to refutation. Claims to the form of presentation of the material, style of presentation, artistic techniques used by the author of the publication cannot constitute the subject of a claim under this article. To determine the nature of the disseminated information, the judge must take into account the purpose and genre of publication, the context in which the contested word or phrase is used.

A claim for the protection of honor, dignity and business reputation has the right to present capable citizens who consider that discrediting and untrue information has been spread about them. For the protection of the honor and dignity of minors and incapacitated persons, their legal representatives may apply to the court. Defendants in cases of protection of honor, dignity and business reputation are persons who have disseminated defamatory information. Mandatory complicity arises in lawsuits containing demands for refutation of information disseminated in the media: the author and the editorial office of the relevant media are involved as defendants. If, when considering such information, the name of the author is not indicated or he used a pseudonym, one editorial office is responsible for the claim.

If the editorial office of the media outlet is not a legal entity, the founder of this media outlet is involved as a defendant in the case. However, even without being a legal entity, the editorial office is the proper defendant in all lawsuits containing demands for the refutation of discrediting information in the media. If the claim is satisfied, the founder may be held liable in the form of compensation for losses and moral damage.

Refutation is a special measure of protection applied in case of violation of honor, dignity and business reputation. The duty of refutation rests with the distributor of discrediting and untrue information, regardless of his guilt. The obligation often imposed by the court on the defendant "to apologize to the plaintiff" does not correspond to the law. The refutation consists in reporting a discrepancy with reality, and not in asking for forgiveness.

Article 152 enshrines the right of a citizen to respond to the media that has published information that infringes on his rights or legitimate interests. This kind of information can be a distortion of the biography or work activity of a citizen, or information that, although true, is associated with an invasion of privacy, discloses personal or family secrets. In accordance with the Law of the Russian Federation "On the Mass Media", a citizen has the right to apply to the court with a request to publish a response if the editors of the media refused to publish it.

Compensation for harm caused by the dissemination of information discrediting honor, dignity or business reputation is carried out in accordance with the norms contained in Chapter 59 of the Civil Code of the Russian Federation "Obligations as a result of causing harm." Property damage (losses) is compensated in the presence of guilt (), moral damage is compensated regardless of guilt ().

In cases involving lawsuits against the media, the amount of compensation depends mainly on the nature and content of the defamatory information and the extent of its dissemination. The Law of the Russian Federation "On the Mass Media" (Article 57) provides a list of circumstances that relieve the editorial office and the journalist from the obligation to verify the accuracy of the information they report and, therefore, exclude their responsibility for the dissemination of discrediting and unreliable information.

A claim for compensation for non-pecuniary damage can be filed independently if the editorial board of the media voluntarily gave a refutation that satisfies the plaintiff. The transformation of a claim for the protection of honor, dignity and business reputation into a claim for compensation for moral damage, however, is unacceptable if you disagree with the refutation of the author of the published material.

A legal entity has the right to demand a refutation in court, has the right to publish its response in the media, etc. At the request of interested parties (for example, assignees), it is allowed to protect the business reputation of a legal entity after its liquidation.

(as amended by Federal Law No. 142-FZ of July 2, 2013)

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed even after his death.

5. If information discrediting the honor, dignity or business reputation of a citizen becomes available on the Internet after its dissemination, the citizen has the right to demand the deletion of the relevant information, as well as a refutation of the specified information in a way that ensures that the refutation is brought to the attention of Internet users.

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

10. The rules of paragraphs 1-9 of this article, with the exception of the provisions on compensation for moral damage, may also be applied by the court to cases of distribution of any information about a citizen that does not correspond to reality, 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 said information in the mass media is one year from the date of publication of such information in the relevant mass media.

Article comments

The right to protection of honor and good name is guaranteed by Art. 43 of the Constitution of the Russian Federation.

Comment. Art. determines the conditions and procedure for protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities. Honor is a public assessment of the social and spiritual qualities of a person; dignity - an internal assessment by a person of his qualities; business reputation - the prevailing public opinion about the professional merits of an individual and legal entity. Since an attack on the dignity of a person cannot be imagined without an attack on her honor, the concepts of honor and dignity are usually used together. On the contrary, infringement on business reputation can be independent.

In accordance with par. 1 paragraph 2 of the Resolution of the Plenum of the Supreme Court of August 18, 1992 N 11 "On some issues that arose when the courts considered cases on the protection of the honor and dignity of citizens, as well as the business reputation of citizens and legal entities" under the dissemination of information discrediting the honor and dignity of citizens or business reputation of citizens and legal entities, should be understood as the publication of such information in the press, broadcast on radio and television and video programs, demonstration in newsreel programs and other mass media, presentation in official characteristics, public speeches, statements addressed to officials, or communication in another , including oral, to several or at least one person. The communication of such information to the person to whom they concern cannot be recognized as their dissemination.

The requirement of a person to protect honor, dignity or business reputation is subject to protection if the disseminated information is, firstly, discrediting, and secondly, untrue.

Discrediting is such information that detracts from the honor and dignity of a citizen or the business reputation of a citizen or legal entity in terms of ethical, moral principles, business practices, etc. In accordance with par. 2 paragraph 2 of the Resolution of the Plenum of the Supreme Court N 11, discrediting information is classified as information containing allegations of a violation by a citizen or legal entity of the current legislation or moral principles (of committing a dishonest act, misbehavior in the work team, everyday life and other information discrediting the production, economic and social activities, business reputation, etc.).

In the order specified by the comment. Art., claims to refute the information contained in court decisions and sentences, decisions of the preliminary investigation bodies and other official documents, for which appeal is provided for by another procedure established by laws (paragraph 3 of the Resolution of the Plenum of the Supreme Court N 11), cannot be considered.

Information discrediting a person must relate to the facts that have taken place (the behavior of the person, his specific actions); value judgments (such as "a vile person", "an incompetent journalist", "an unreliable organization") cannot serve as a basis for satisfying a claim, although it is often quite difficult to determine where the value judgment ends and the statement of fact begins.

The disseminated information must be untrue. Otherwise, no matter how discrediting this information may be, the person will be deprived of legal protection. In this case, the plaintiff is obliged to prove the very fact of the dissemination of information (clause 7 of the Resolution of the Plenum of the Supreme Court No. 11), as well as the fact that the disseminated information is discrediting. The obligation to prove the conformity of the disseminated information with reality lies with the defendant.

Sometimes widespread information can be true, but at the same time be discrediting. Thus, the dissemination of information that a person was undergoing treatment for a venereal disease may negatively affect the assessment of this person in the eyes of society. However, if this person goes to court with a claim for the protection of honor and dignity, the court may refuse to satisfy the plaintiff's claims due to the fact that the fact of treatment actually took place. In this regard, some scientists propose to change the relevant provision of the Civil Code in such a way that a person is provided with legal protection in the event of dissemination of information, although it is true, but of a discrediting nature, except when the dissemination of such information is necessary to protect the rights and interests other persons. Thus, the guardianship and guardianship authorities and the prosecutor will be forced to voice in court the information known to them about the crimes or immoral acts committed by the person, if this person claims to become an adoptive parent. In such a situation, the dissemination of such information is necessary to protect the rights of the adopted child.

At the request of interested parties, the protection of the honor and dignity of a citizen is allowed even after his death (see comments to Article 150 of the Civil Code). The interested parties include the surviving spouse and close relatives (parents, children, brothers, sisters, grandfathers, grandmothers, grandchildren), since there are such concepts as family honor, family honor, clan honor (for more see: Maleina M. N Personal non-property rights of citizens, Moscow, 2000, p. 141). Some organizations may also be recognized as interested parties (for example, the Union of Composers of the Russian Federation, the Union of Writers of the Russian Federation, the Union of Theater Workers of Russia). The prosecutor can also file such claims (Article 45 of the Code of Civil Procedure).

The main means of protection provided by comment. Art., is a refutation of information discrediting a citizen or legal entity.

If information discrediting the honor, dignity or business reputation of a citizen or legal entity is disseminated in the media, they must be refuted in the same media. Defendants in claims to refute information discrediting honor and dignity or business reputation are the persons who disseminated this information. If the claim contains a requirement to refute the information disseminated in the mass media, the author and the editorial office of the relevant mass media are involved as defendants. The procedure for publishing a refutation and the grounds for refusing to publish a refutation are established by Art. 43-45 of the Mass Media Law.

According to claims for the refutation of discrediting information set forth in service characteristics, the defendants are the persons who signed them, and the enterprise, institution, organization on behalf of which the characteristic was issued (paragraph 6 of the Resolution of the Plenum of the Supreme Court No. 11).

At the same time, the law does not oblige the plaintiff to first file a claim against the defendant, including in the case when the claim is brought against the mass media that disseminated defamatory information.

If it is impossible to identify the person who disseminated information that discredits the honor, dignity or business reputation of a citizen or legal entity, the victim has the right to apply to the court for recognition of the disseminated information as untrue. In this case, we are talking about the establishment of facts of legal significance, therefore, such issues should be resolved in the order of special proceedings in accordance with Ch. 28 Code of Civil Procedure.

A citizen or an organization in respect of which information has been published by the media that infringes on their rights or interests protected by law, have the right to publish their response in the same media. The right to reply (comment, remark) is regulated in more detail by the Mass Media Law (Article 46 of the Law).

Point 4 comment. Art. essentially reproduces the norm contained in the Law on Enforcement Proceedings. In case of non-execution without valid reasons of the executive document, obliging the debtor to perform certain actions or refrain from doing them, within the period established by the bailiff, he issues a decision to impose a fine on the debtor in the amount of up to 200 minimum wages and appoints him a new deadline for execution ( article 85 of the Law). In case of subsequent violations by the debtor without good reason of the new deadlines for the execution of the executive document, the amount of the fine doubles each time. Payment of the fine does not release the violator from the obligation to perform the action stipulated by the court decision.

Encroachment on the honor and dignity of a citizen and the business reputation of a citizen or legal entity may lead to adverse consequences in their property area (see, in particular, Information Letter of the Presidium of the Supreme Arbitration Court dated September 23, 1999 N 46 "Overview of the practice of resolving disputes by arbitration courts related to with the protection of business reputation "(Vestnik VAS. 1999. N 11). In this case, they have the right to demand damages from the defendant. A citizen in respect of whom information discrediting his honor, dignity or business reputation is disseminated, has the right, along with a refutation of such information and indemnification to demand and compensation for moral damage (see article 151 of the Civil Code and commentary to it) caused by their distribution. compensation, regardless of the fault of the offender.

In view of the fact that legal entities are a fiction, and therefore cannot experience physical or moral suffering, they do not have the right to compensation for moral damage.

The statute of limitations does not apply to claims for the protection of honor, dignity and business reputation (Article 208 of the Civil Code).

The honor and dignity of a citizen is also protected by criminal law. In the event that the actions of a person who has disseminated information discrediting another person contain signs of a crime under Art. 129 of the Criminal Code (slander) or art. 130 of the Criminal Code (insult), the victim has the right to apply to the court to bring the perpetrator to criminal liability, as well as to file a claim for the protection of honor and dignity or business reputation in civil proceedings.

The refusal to initiate a criminal case, the termination of the initiated criminal case, as well as the issuance of a sentence do not exclude the possibility of filing a claim for the protection of honor and dignity or business reputation in civil proceedings (paragraph 8 of the Resolution of the Plenum of the Supreme Court No. 11).

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed even after his death.

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

Commentary on Article 152 of the 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 of the professional qualities of a citizen or legal entity.

Honor, dignity, business reputation of a citizen in the aggregate determine the "good name", the inviolability of which is guaranteed by the Constitution (Article 23).

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

First, the information must be damaging. The assessment of information as discrediting is based not on a subjective, but on an objective sign. In Resolution of the Plenum of the Supreme Court of the Russian Federation of August 18, 1992 N 11 "On some issues arising in the consideration by the courts of 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 "discrediting is information that does not correspond to reality, containing allegations of a violation by a citizen or organization of the current legislation or moral principles (of committing a dishonest act, improper behavior in the workforce, everyday life and other information discrediting production, economic and social activities, business reputation, etc.), which detract from the honor and dignity".

Secondly, information must be disseminated. The aforementioned Decree of the Plenum of the Armed Forces of the Russian Federation also clarifies what should be understood as the dissemination of information: "The publication of such information in the press, broadcast on radio and television and video programs, demonstration in newsreel programs and other mass media (media), presentation in official references, public speeches, statements addressed to officials, or a communication in any other form, including oral, to several or at least one person. It is specially emphasized that the communication of information to the person to whom they concern is not considered as dissemination in private.

Thirdly, the information must not be true. At the same time, the commented article enshrines the principle of the presumption of innocence of the victim inherent in civil law: information is considered untrue until the person who disseminated it proves the opposite (see Bulletin of the Armed Forces of the Russian Federation. 1995. N 7. P. 6).

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

4. In paragraph 2 of the commented article, the procedure for refuting discrediting information that was circulated in the media is specially 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 placed 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 refuted message (Articles 43, 44 of the Law).

In the commented article, the procedure for refuting the information contained in the document is specially highlighted - such a document is subject to replacement. We can talk about replacing a work book, which contains a discrediting entry about the dismissal of an employee, characteristics, etc.

Although in all other cases the order of refutation is established by the court, it follows from the meaning of the commented article that it must be made in the same way that the defamatory information was disseminated. This is the position taken by the jurisprudence.

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

A special resolution on this issue is contained in the Decree of the Plenum of the RF Armed Forces dated August 18, 1992 N 11. It notes that "clauses 1 and 7 of article 152 of the first part of the Civil Code of the Russian Federation establish that a citizen has the right to demand in court a refutation of discrediting him honor, dignity or business reputation of information, and a legal entity - information discrediting its business reputation.At the same time, the law does not provide for the obligatory preliminary filing of such a demand against the defendant, including in the case when a claim is filed against the mass media that disseminated the indicated above information".

6. Paragraph 3 of the commented article establishes the procedure for protecting the honor, dignity and business reputation of a citizen in the event that information is disseminated in the media that is devoid of signs that give the right to refute it. It can be, for example, discrediting, but true information, or not discrediting information that does not correspond to reality, but at the same time, their distribution infringes on the rights and legitimate interests of a citizen, detracts from his business reputation. In these cases, the citizen has the right not to a refutation, but to an answer, which must be placed in the same media. Although such a method of protection as the publication of a response is established only in relation to the media, it is possible that it can also be used when disseminating information in a different 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 minimum wages established by law.

7. Special methods of protection - giving a refutation or answer are applied regardless of the fault 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. At the same time, the most common ones are named: compensation for damages and compensation for moral harm. Property and non-property damage resulting from a violation of honor, dignity and business reputation is subject to compensation in accordance with the norms contained in Ch. 59 of the Civil Code (obligation due to harm). In accordance with these norms, 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 the commentary to Article 12 of the Civil Code), in particular, the suppression of actions that violate the right or threaten to violate it (confiscation of the circulation of a newspaper, magazine, book, prohibition of the publication of a second edition etc.).

8. Clause 6 contains one more special way of protecting the honor, dignity and business reputation of citizens in the case of anonymous dissemination of information: recognition by the court of the disseminated information as untrue. The Code of Civil Procedure does not establish the procedure for considering such requirements. Obviously, they should be considered in the order of special proceedings provided for the establishment of 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).

The 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 the widespread discrediting 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. The legal entity has the right to demand compensation for losses. With regard to non-pecuniary damage, it is in accordance with Art. 151 of the Civil Code is compensated only to citizens, since only they can undergo moral and physical suffering.

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed even after his death.

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

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

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

The provisions of Article 152 of the Civil Code of the Russian Federation are used in the following articles:

Protection of personal non-property rights
3. Protection of the honor, dignity and business reputation of the author is carried out in accordance with the rules of Article 152 of the Civil Code of the Russian Federation.
The right to inviolability of the work and protection of the work from distortion
2. Distortion, distortion or other alteration of a work that discredits the honor, dignity or business reputation of the author, as well as infringement on such actions, gives the author the right to demand protection of his honor, dignity or business reputation in accordance with the rules of Article 152 of the Civil Code of the Russian Federation. In these cases, at the request of the interested parties, it is allowed to protect the honor and dignity of the author even after his death.

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed even after his death.

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

Expert comment:

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

Comments to Art. 152 of the Civil Code of the Russian Federation

Honor, dignity, business reputation of a citizen in the aggregate determine the "good name", the inviolability of which is guaranteed by the Constitution (Article 23).

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

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 minimum wages established by law.

7. Special methods of protection - giving a refutation or answer are applied regardless of the fault of the persons who allowed the dissemination of such information.

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