Deputy Chairman of the Petrograd Court Tatyana Mazneva satisfied the right of St. Petersburg businessman Kligman to oblivion and ordered search systems to stop issuing publications about him. The court found the media information unreliable on the basis of internal convictions. The fashion goes to claim for protection of honor and dignity. There is an easier way to get rid of the unpleasant past.
A year ago, billionaire Eugene Prigozhin, in an attempt to clean up the Internet, was burned on the Streisand effect. His desire to remove from the search engines inconclusive information about himself so sparked the public's curiosity in the factories of paid trolls, billion contracts from the Defense Ministry and other "non-core" assets of the restaurateur, that almost twenty lawsuits against Yandex were withdrawn for wantonness.
What the pioneer Prigogine could not do was the businessman Ilya Kligman. Since the end of the 2000s, he was mentioned in the context of two noisy criminal cases - against the "night governor" Kumarin and the head of the State Security Service of the RK Dmitry Dovgy. Kligman rumor also attributed to the supervision of banks that fell into unpleasant situations. Sometimes his successful marriage to the daughter of the late vice-governor of the Vladimir region Veretennikov was mentioned. Kligman was arrested on economic business, gave testimony to Barsukov, received a verdict for preparing for a false denunciation. I started the payment system and the production of terminals, but I lost it. Now he runs Petrounion. His wife is also engaged in business. There is a couple on the Petrograd side.
There are dozens of publications about Kligman. Basically, reprints. Locomotives of undesirable information are Rosbalt and Moscow Post. The businessman took advantage of amendments to the law "On Information", which obliges operators of search engines to stop issuing links to information that appears to the hero unreliable, irrelevant, irrelevant for him. Kligman armed with unreliability and filed five lawsuits against Yandex, Google, Mail.ru and even Rambler Internet Holding, which is not the operator. All the content on rambler.ru is formed by Yandex.
Matters have acted Tatyana Maznevoj appointed in April, 2016 on a post of the vice-president of the Petrograd court. Three years ago, in the status of the judge of the Frunze court, she saved Vladimir Barsukov 305 million rubles.
In particular, Ilya Kligman demanded from the operators to stop issuing links to the articles "Kligman IV. "" Luck of a bribe-taker "and" As an accountant of the Tambovsky "left the Ministry of Internal Affairs of the Russian Federation."
The procedure of oblivion obliges, prior to the filing of claims to the court, to contact the search engine directly and indicate the grounds on which the issue of references should be terminated. Such complaints from Kligman were received, but the operators considered that they had not been provided with proof of the unreliability of the information stated in the publications.
The judge came to the opposite conclusion.
"Kligman was not held criminally responsible for the crimes described in the article" Luck of the bribe-taker "(articles 2.10 and 291 of the Criminal Code of the Russian Federation), no convictions for committing these crimes, conditional conviction under article 306 of the Criminal Code was canceled, the conviction was dropped."
In other words, search engines can only give out the eternal truth, which will never lose relevance. The very fact of criminal prosecution can be recognized in a few years as not sufficiently reliable.
Tatyana Mazneva also expressed her opinion about the amount of information needed to delete. If, for example, individual claims and judgments are dealt with under claims for the protection of honor and dignity, then in articles on oblivion, articles are wholly put at risk for at least one wrong word.
"The Court considers that the establishment of the fact of unreliability of any information accessed through a link is grounds for stopping the issuance of a link to such a page of the site, since another approach, in principle, excludes the possibility of stopping the issuance of references to false information," the decision Petrograd court.
The claims are also satisfied with the Rambler. The court ordered him and the operators to stop issuing dozens of references about Kligman.
The press service of Yandex Fontanka commented on the lawsuit of search engine operators with a businessman:
"The decisions in five cases were indeed made in favor of the plaintiff. We did not agree and filed complaints to the St. Petersburg City Court.
We have repeatedly said that Yandex can not independently verify the reliability or unreliability of information. One indication of the applicant is not enough. In addition, according to the law, we can not exclude links from the search results if it contains information about the commission of a crime by a citizen, according to which the criminal record has not been or is not canceled. In this case, we did not provide any evidence of inaccuracy of information and the removal of a criminal record. We believe that our refusal under such circumstances was fully justified.
Our complaints were filed in all five cases. Two cases have already been examined by the St. Petersburg City Court and resolved in our favor. The remaining three cases will be considered on August 15 and 17 ".
According to the operator, to this day courts in Russia have issued decisions on 43 suits. By 33 decisions were made in favor of Yandex. According to two plaintiffs, they themselves withdrew. In other cases, the court left the claim without consideration due to the failure of the plaintiffs to appear or their failure to comply with the requirements of the law when sending the initial application to Yandex.
In the publications about Kligman, the Chairman of the Geobank Board Mikhail Sakhin was also mentioned. They both filed lawsuits against the media about the protection of honor and dignity in the Petrograd court. They are also considered by Tatiana Mazneva, and she owns another know-how. Even before the decision was taken, she, as an interim measure, ordered search engines to stop issuing links to contentious publications. St. Petersburg City Court found this decision not in accordance with the law and abolished it.