Диффамация и алгоритмы: новое измерение старой проблемы

Abstract

The issue of the protection of legitimate rights of persons who were defamed is not new in Russian legal science. The problem of protection of honour and dignity was known to classical Roman law and was the subject of study of Russian and Soviet lawyers. However, the classic civilistic constructions formulated in the Civil Code were formed during the era of domination of the classical mass media, especially the print media. The digital age is creating new challenges for the system of protection of the defamed that require a new vision of the appropriate protection tools, such vision being based on a deep understanding of the potential of Internet platforms to disseminate information, particularly as they apply algorithmic guidance to enhance the dissemination of information about actions of persons who may be the victims of defamation. In this article, the author explores the institution of defamation in Russian civil law and assesses its effectiveness in conjunction with information law institutions, concluding that it is necessary to supplement the legislation governing algorithmic recommendations.