A Tyumen resident has won a moral injury case for posting articles on Instagram. The court ordered the ex-spouse to post a rebuttal on the social network and not delete it within 24 hours, as well as pay the plaintiff 5,000 rubles.
For which publications has the court decided on compensation?
According to the press service of the United Judicial System of the Tyumen region, stories (photos or videos stored on the network for exactly one day) were published by the ex-wife of the plaintiff. The couple divorced in 2019 after eight years of marriage. The wife became the initiator of the separation. In February 2020, a woman started recording and posting on Instagram stories about how her ex-husband was trying to kick her and her kids out of the apartment, get in the car and evade the payment of child support. The woman also accused the ex-spouse that he lived at her expense, failed to pay the mortgage, vacation, kindergarten, did not share the nanny's expenses. & Nbsp;
The man initially decided not to respond to posts, but when bogus and overly emotional videos began to attract the attention of friends and of common relatives, he filed a lawsuit to refute information discrediting honor and dignity.
The ex-spouse demanded that the rebuttal be in writing and not deleted within a year, as well as compensation for moral damage in the amount of 30,000 rubles. The Tyumen District Court did not support the man and he appealed to a higher authority. As evidence, Alexander presented income certificates, bank checks for the payment of child support and mortgage payments, as well as the services of a children's educational institution. As a result, the Collegium for Civil Matters of the Tyumen Regional Court overturned the district court's decision and partially satisfied the plaintiff's claims. & Nbsp;
What is moral damage?
Moral damage & mdash; it is the physical or mental suffering that a person suffers as a result of the violation of their rights (damage to health, damage to company reputation, invasion of privacy, consumer rights, copyright, etc.). Moral injury compensation is payment for a person's emotional experiences, such as pain caused by the loss of a loved one in an accident.
How can you claim compensation for moral injury?
You can compensate moral damage amicably or go to court. The reasons could be:
& mdash; loss of parents;
& mdash; inability to pursue an active social life;
& mdash; job loss;
& mdash; disclosure of family secrets or medical secrets;
& mdash; dissemination of false information defaming the honor, dignity or business reputation of a citizen;
& mdash; restriction or temporary deprivation of any rights;
& mdash; physical pain related to injuries, other damage to health, etc.
To obtain compensation for moral damage, it is necessary to prove the fact of having caused suffering (physical or mental) and the illegality of the acts. As proof of physical pain, you can provide:
& mdash; medical documents confirming bodily harm, disease development or worsening, seeking medical assistance, etc. & nbsp;
& mdash; a description of the workplace on a decrease in working capacity or information about changes in the performance indicators of an employee & nbsp;
& mdash; medical documents referring to a psychologist, psychiatrist, psychotherapist and undergoing treatment with them, etc.
What compensation for moral prejudice can we claim?
You can claim compensation for moral damage in any amount … The amount of compensation is set either by mutual agreement between the parties or by justice. It is paid, as a rule, by the culprit. But there are also exceptions. The harm caused by minors is usually compensated by the parents or the organizations responsible for the children.
The amount of compensation is determined on a case-by-case basis, taking into account all the circumstances of the case and the physical and mental suffering caused.
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