A resident of Tyumen won a case of moral damage due to the publication of stories on Instagram. The court ordered the former spouse to post a refutation on the social network and not delete it during the day, as well as pay the plaintiff 5,000 rubles.
Because of which publications did the court decide on compensation?
According to the press service of the united judicial system of the Tyumen region, stories (photos or videos that are stored online for exactly a day) were published by the plaintiff’s ex-wife. The couple divorced in 2019 after eight years of marriage. The initiator of the separation was his wife. In February 2020, a woman began recording and posting stories on Instagram about how her ex-husband was trying to evict her and her children from the apartment, take away the car, evade alimony payments. The woman also accused the ex-spouse that he lived at her expense, did not pay the mortgage, vacation, kindergarten, did not share the costs of maintaining a nanny.
The man at first decided not to react to the publications, but when mutual friends and relatives began to pay attention to false and overly emotional videos, he filed a lawsuit to refute information discrediting honor and dignity.
The former spouse demanded to write down the refutation and not delete it for a year, as well as to compensate moral damage in the amount of 30 thousand rubles. The Tyumen District Court did not support the man and he appealed to a higher instance. As evidence, Alexander presented income certificates, bank checks for alimony and mortgage payments, services of an educational institution for children. As a result, the Board of Civil Cases of the Tyumen Regional Court overturned the decision of the district court and partially satisfied the plaintiff’s claims.
What is moral damage?
Moral harm is physical or moral suffering that a person experiences due to violation of his rights (harm to health, damage to business reputation, violation of privacy, consumer rights, copyrights, etc.). Compensation for moral harm is considered to be payment for a person’s emotional experiences, for example, for the pain of losing a loved one in an accident.
How can I claim compensation for moral damage?
You can compensate for moral damage out of court or go to court. The reasons for this may be:
— loss of relatives;
— inability to continue active social life;
— job loss;
disclosure of family secrets or medical secrets;
distribution of false information discrediting the honor, dignity or business reputation of a citizen;
temporary restriction or deprivation of any rights;
— physical pain associated with injury, other damage to health, etc.
To achieve the recovery of compensation for moral damage, it is necessary to prove the existence of the fact of causing suffering (physical or moral) and the illegality of actions. As evidence of the presence of physical suffering , you can provide:
medical documents confirming bodily injuries, development or exacerbation of the disease, seeking medical help, etc.
— a description from the place of work about a decrease in working capacity or information about changes in employee performance indicators
— medical documents of contacting a psychologist, psychiatrist, psychotherapist and undergoing treatment with them, etc.
In what amount can I claim compensation for moral damage?
You can claim compensation for moral damage in any amount. The amount of compensation is established either by agreement of the parties or in court. It is paid, as a rule, by the guilty. But there are exceptions. The harm caused by minors is usually compensated by parents or organizations responsible for children.
The amount of compensation is determined individually in each case, taking into account all the circumstances of the case and the physical and moral suffering caused.
Sources:
http://www.consultant.ru/document/cons_doc_LAW_5142/ec459f13483f7f47883f57fda6aace1b2cb86ac4 /
http://www.consultant.ru/law/podborki/kompensaciya_moralnogo_vreda_dokazyvanie /