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Iusland Law Office’s Attorney-at- Law Nadezhda Bolshakova gave a comment to Advokatskaya Gazeta regarding the procedure for the Supreme Court of the Russian Federation to consider defamation disputes related to public reporting of sexual violence.

09.03.2021

Considering the Plaintiff's cassation appeal in the case of the protection of honor and dignity in a situation where a woman (one of the Defendants) posted information about her rape by the Plaintiff on a social network, the Supreme Court of the Russian Federation referred to a conflict between the protection of the Plaintiff's reputation and the right to freedom of expression of a woman who survived sexual abuse.

The lower courts ignored the Defendants' argument that the information disseminated on the social network was not information that the Plaintiff committed a criminal offense against the Defendant, but was a subjective opinion about the woman's experience, which she regarded as sexual violence. According to lawyer Nadezhda Bolshakova, when the right of citizens to protect honor and dignity is on one side of the scale, and other rights and freedoms guaranteed by the Constitution of the Russian Federation, including freedom of thought and speech, are on the other, it is very difficult for the courts to ensure the balance of interests of the parties, actually choosing , which right is more important.

“… .. One cannot but agree with the Supreme Court of the Russian Federation, which writes that a balance can be achieved if we take into account the Convention on the Protection of Human Rights and the related legal positions of the ECHR, which protect the right of everyone to freely express their opinion. …. Of course, the definition of the Supreme Court of the RF should influence the practice of considering such disputes. Lower courts will have to balance the rights and legitimate interests of the parties, based on the right of women to a life free from gender-based violence, which in turn is inextricably linked with other human rights, such as the right to freedom of expression,”- concludes Nadezhda.

More details - https://www.advgazeta.ru