The article addresses the problem of the information and telecommunications-related crimes growth worldwide. In particular, it points to the latent, transnational and remote nature of such crimes. The authors refer to the criminal law aspects of cyber-libel, as well as on the issues of proving its corpus delicti. The authors define the time when the defamation stops in view of the introduction of a new ground of libel in art. 128.1 of the Criminal Code of the Russian Federation – “committed publicly using information and telecommunications networks, including the Internet”. The correct determination of this point affects the manner of application of limitation and amnesty statutes. The authors recognize the continuing nature of defamation through the Internet with intent to spread false information to an unspecified number of people for an indefinite period of time. The moment of the cessation in this case should be determined based on the fact that there are two such moments in a continuing crime – de facto and de jure. The authors note that libel on the above ground is now a public prosecution case, the burden of proof is therefore on the person conducting the investigation. In order to optimize the investigation of crimes committed with the use of the Internet, including defamation, it is necessary to legislate the procedure for seizure of information posted on the Internet in order to give it an evidentiary value, as well as to involve a specialist to this procedural action.
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20 January 2022
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Aniskina, E. G., Mullakhmetova, N. E., & Magankova, A. A. (2022). Cyber-Libel: Proving And Qualification Challenges. In S. Afanasyev, A. Blinov, & N. Kovaleva (Eds.), State and Law in the Context of Modern Challenges, vol 122. European Proceedings of Social and Behavioural Sciences (pp. 20-25). European Publisher. https://doi.org/10.15405/epsbs.2022.01.4