Compensation for non-pecuniary damage as a way of judicial protection against defamation in Russia and England

Abstract

Defamation law originated and developed in England (England and Wales). Further, it became widespread not only in the countries of Anglo-Saxon, but also Romano-Germanic law, including Russia. One of the effective civil law methods of judicial protection against defamatory tort aimed at belittling honor, dignity and business reputation in Russia is compensation for moral damage - an analogue of British compensatory damages for non-pecuniary harm, awarded for “pain and suffering ”(pain and suffering) in the form of emotional disorders (emotional distress). The digital revolution brought with it new types of defamation tort, which became a kind of trigger for further improvement of defamation law, the need to increase the effectiveness of judicial protection against defamation through compensation for moral damage. Purpose : to identify and analyze the extent to which English defamation law is implemented by Russian legislation, to determine the most effective model for determining the amount of compensation for moral damage for defamation. Methods: dialectical, formal-logical and other general scientific research methods; special legal methods: comparative legal and formal legal. Findings: The concept of defamation is identical to the dissemination of untrue defamatory information, as well as any untrue information about a citizen contained in Art. 152 of the Civil Code of the Russian Federation. The owners of social networks, in addition to the author of the publication, should bear civil liability for the dissemination of defamatory information as a publisher who has not taken effective measures to remove it in a timely manner. In Russia, it is necessary to legislatively introduce the concept of presumed moral harm, fixing its size in a special table approved and annually updated by the Plenum of the Supreme Court of the Russian Federation. In Russia, it is necessary to refuse innocent compensation for moral damage for defamation (Article 1100 of the Civil Code of the Russian Federation). In the event of a defamatory tort in relation to the deceased who had a profile on a social network and received a public projection as a result, their heirs have the right to file defamation claims and demand refutation and compensation for moral damage.