Calculating the offender by IP is yesterday. Notaries enter into business

The troll can be punished in court by simply taking a dialogue with him and attaching a screenshot to a notary


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Roskomsvoboda Now you can punish the troll without any threats and IP calculations. It is enough to take a screenshot of the communication with your network interlocutor, complete the screenshot with a notary, and go to court. One screenshot will be enough to launch a lawsuit, Izvestia writes . Representatives of the FNP claim that thanks to such a lawsuit, compensation for moral damage can be obtained. Now, any notary in Russia can assure a screenshot of the contacting user.

According to FNP, the assurance of the fact of trolling in social networks is a logical extension of the activities of notaries during the rapid development of the Internet. You can assure information from the Web about yourself and about 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 of Russians. Armed with knowledge on this issue, they can protect their rights and receive compensation, ”they say in the Federal Notary Chamber.

The minimum amount of the claim in this case may be 15 thousand rubles. The maximum amount of the claim is not fixed by law, but it can be set at any level (roughly speaking, we want to indicate how much you want to indicate).

According to lawyer Elizabeth Khudyakova, not everything is so simple. “But you always need to keep in mind that proving the fact of distribution by notarizing a page on the Internet is just part of the story. The main difficulty in this category of cases is to prove that the web page belongs to a specific person and to determine the circle of respondents. In this sense, the expansion of the powers of a notary, alas, will not affect the outcome of such disputes in any way, ”says Elizaveta Khudyakova.

Also, according to her, the plaintiff must necessarily prove the fact of dissemination of information about himself.

“The fact of distribution can be proved directly at the hearing within the framework of the petition satisfied by the court to examine the evidence. In such a situation, the court and the parties in the process, using a computer connected to the Network, review the Internet page on which information regarding the plaintiff is posted. But often, at the time of going to court, defamatory statements and information can be deleted, therefore it is better to take care of providing evidence in advance by contacting a notary. Notary services will cost a lot, but sometimes contacting him is the only way out, ”the lawyer comments.

According to Russian laws, the actions of the offender must fall under the concepts of “insults” and “slander”. "- In the event that the actions of one Network user against another are just offensive or are intended to tarnish his reputation and use deliberately false information, then, indeed, the punishment may follow: under Article 5.61 of the Code of Administrative Offenses for insults for individuals, a fine of 3– 5 thousand rubles, "says Vasily Itskov, Head of Dispute Resolution Practice at Horizon Capital.

Turning to a notary public, it should be understood that he does not give a legal assessment of the actions of the offender. The court should understand this issue. And if the court decides that the defendant still did not want to offend the interlocutor, notarization of the web page will not help, the claim will be rejected.

Some lawyers believe that it is really necessary to fight trolling by law. “If the state allows the fixing of such unlawful acts in an alternative way, and not only through notarization of the authenticity of Internet pages, then this step towards the public from the state can only be welcomed. For example, trolling can be entrusted to fix providers, ”says Matvey Levant.

At the same time, not many notaries can provide the service of certification of Internet pages. In millionaire cities, such notaries are usually 2-3. however, the technical support of the notary is gradually improving, so soon this problem may 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 issue price 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 pages of the social network he visited, and what he saw there). Screenshots cost 100 rubles per page and are an appendix to the protocol.