Google translation:Originally Posted by plushyfan
So is that the end of the matter, then?As a result of linguistic examination revealed that there are no reports in the required data containing false information discrediting the honor, dignity and undermine the reputation of the applicant," - [police officials] said in a statement.
anticlimax
I don't understand that little bit about linguistics. The guy said, on international television, that Plushy faked it all, with the very obvious implication that he was looking for an excuse to withdraw from Euros because he couldn't win. How is that not slander?
http://rsport.ru/figure_skating/20130222/646934089.html
also google translation:
Sports commentator Andrei Zhurankov pleased that the Interior Ministry refused to Olympic champion Evgeni Plushenko, whom he respects, in a criminal case on the fact of publishing false information discrediting the honor, dignity and undermine the reputation of the applicant.
Metropolitan Police on Friday refused to bring libel suits against TV commentator on the complaint of a figure skater. "As a result of linguistic examination revealed that there are no reports in the required data containing false information discrediting the honor, dignity and undermine the reputation of the applicant," - said the capital's central directorate of the Interior Ministry.
"I am very glad that it happened. I had hoped that the Ministry of Interior will understand and say and how glad philological examination confirmed my respect for Evgeni Plushenko and no slander in my words - said by telephone Zhurankov agency" R- sport. "- I can only repeat that there was no slander and I am respectful to the athlete. Thank God it did not find any of the offense, although concerns have been, but I am very happy that everything turned out fairly and legally."
Analyst noted that he understands that "Plushenko is a chance to apply to the civil courts," stressing that "this is another story."
http://www.sovsport.md/news/text-item/589782
In an exclusive interview with "Soviet Sport" lawyer Yevgeny Plushenko Tatyana Akimtseva commented on the situation on the "case Zhurankova":
Evgeni Plushenko refused to initiate a criminal case, but as reported by "Soviet Sport" lawyer Olympic champion Tatyana Akimtseva:
- Police have not seen the comments Zhurankova grounds for a criminal case and suggested that we go to court, what we'll do.
- Tell me, what are your requirements?
- First, Zhurankov should be found guilty of libel, and secondly it will be for non-pecuniary damage.
- What will be the amount of damage?
- We just spoke with Eugene on the phone, and with the amount he has not yet decided.
- Are you frustrated that the case will not be instituted?
- I believe that one of the phrases uttered Zhurankovym, is grounds for a criminal case, but the conclusions of the police, I will not argue, we will punish Zhurankova differently.
No, Zhurankov said Plushy had no surgery,that was a PR trick, the surgical records were false, they made only for the Channel 1. Plush worked more in showbiz like in the sport.
I'm confused...So saying someone is faking an injury/surgery is a sign of respect?
In order for there to be libel, there has to be proveable damages. Plushenko would have to prove that he suffered monetary losses as a result of the libel - like skating shows stopped hiring him, or someone pulled out of negotiations with him because of the slander. If he can't prove losses, then I don't see how he can win the case. But then I don't work in Russia either.
How is Plushenk's health? Or is that another thread? I hope he recovers.
When the police say a linguistic analysis was done, I suspect that the TV commentator was careful, in the way US commentators are careful, to completely damn someone without actually saying the libellous thing themselves:
"It is alleged by some people that X killed his mother," (but I didn't say he did)
Even fuzzier, "Some people might think that X killed his mother."
So perhaps the commentator said something, like, "Someone might even wonder whether it is possible Plushenko might have faked this surgery, to avoid the embarassment of losing his title."
Weasels, all of them, IMO.
You hope you do realize that you are making no sense. On the one hand you say you don't know how things work in Russia. On the other- you claim what have to be proven. There's no logic in it. What do monetary losses have anything to do with non-material values like dignity and honour? Is it like these things are treated in Canada? Oh...Material damage and moral damage are two separate claims under the Civil code of Russia. Material is about what you said- monetary losses. i.e. property rights. Moral damage is the physical or moral sufferings, paid when the citizen has been inflicted the said damage by the actions, violating his personal non-property rights, like life, health, personal dignity, the honour and good name. The sums are usually quite symbolic, considering that Brian for example got 17,000 euros from some Miss France who said that he was gay or somesuch, as the reason why their relationships didn't work. Plu with Yana once sued in the civil court the Russian tabloid "Paparazzi" (you can't file criminal charges against not an individual), that wrote that Plu&Yana wedding in the lavender dress was a PR stunt while the legal marriage in fact never happened. Of course they won, the paper aplogized and paid 70,000 RUB to the couple as moral damage. About $2,303? What a hell of money! Surely not enough to pay for all fs tickets a year in Japan that some GS persona normally attends. So, please- no money talk. Because it's just silly.
T. Akimtseva, a Plu's lawyer, said to mk.ru that they are not going to appeal in the criminal court against this police resolution as invalid (in Russia court has the power to cancel the refusal in the institution of a criminal case if the procedure was violated). She said they got the papers from police where the mentioned linguistic examination concluded that there is basically one phrase that can counts as slander, which police considered as not enough to start criminal investigation. They offered to apply to the civil court, the thing that Plu team are going to do, T. Akimtseva said. She also said Zhenya is overseas having a rehabilitation course now, leaving all the stuff, as I assume, up to his lawyer. Yana is away on holiday with kids and she told Akimtseva that they don't care how exactly Zhurankov will be punished, just that the justice must be done.
What I don't get in the whole story is why Putin returned the article "Slander" in the Criminal code? It wasn't a crime in Medvedev's Russia, now it's back here again. Civil case- for spreading the information discrediting the honour, dignity and business reputation of the citizen. Criminal case- the spreading deliberately falsified information that denigrates the honour and dignity of another person. So, the key difference is "deliberately falsifed", i.e. smth. that Zhurankov knew he can't prove as a true fact. Unless he goes playing an idiot who doesn't watch TV, read Internet, etc., then I don't see why the aricle "Slander" wasn't in apply.
It won't be the first civil case against a sport commentator. Guberniev lost the case in the civil court and paid 75,000 RUB to a goalkeeper (about $2,400, for those who likes counting other people's money). He called the guy a "sh-word" in gates in online broadcast on sportbox.ru, thinking that there was the same commercial break as in TV channel "Rossiya" and believing that the conversation was private, or so he claims. The second example is when the fooball club CSKA sued Sovsport in the court of arbitration (special court, when citizens are not invloved) for their commentator's Utkin comment that the match between CSKA and "Rostov" was match-fixing. CSKA won but refused to accept any compensation of moral damage saying that they do not wish to make money on some utkins. Sovsport had to pay only 2,000 RUB ($65) as court tax. Utkin said that while he respects that court ruling, the "dame-judge", as he put it, doesn't know he specifics of the sport world.
As for Zhurankov, here he is: www.youtube.com/watch?v=9T0BGGN06Gk&t=43m34s
In short- he said he didn't claim that Plu's operation was a fake, he only supposed that. He has nothing to apologized for. On the contrary, he made Zhenya some favour that he attracted some attention to his off-ice life and by this Zhurankov sees himself as a community speaker. He also expressed his huge gratitude for the support to the foum FSOnline that he said he hadn't beed reading for 6 years. He also mentioned that Yana's Russian language is under-educated. He pointed out that the X-ray doesn't prove anything because it's not written there whom it belongs to, etc.
http://ural.kp.ru/daily/26033/2952431/
with google translater
Recall: the TV channel Eurosport 2 sports commentator Andrei Zhurankov said that the figure skater Evgeni Plushenko is no operation on his back was not. And, in his view, this PR-style entertainment.
Plushenko was outraged and wrote Zhurankova statement to police in which he asked him to bring offending journalist for libel.
Skating federation also supported in this dispute and called Plushenko saying Zhurankova incorrect.
But over the weekend the Metropolitan Police refused to Olympic champion in a criminal case.
- We have provided law enforcement agencies reporting Zhurankov linguistic expertise, but to date, the police decided that this examination is not enough for a criminal case against the commentator, that does not prevent us to bring the same claim to Zhurankov (defamation) in a private prosecution, - said, "KP" lawyer Tatyana Akimtseva Plushenko. - We do not doubt the veracity of expertise, because law enforcement officers with due care taken this case and, as I thought they supported Eugene. Plushenko's calm response to the refusal to prosecute. He is now at a rehabilitation abroad. Said, they say, do not worry, I'll meet with Zhurankov in court. By the way, last week trying to get Zhenya commentator for NTV, they say, in the studio ready to apologize. But Zhenya refused. He wants to protect his honor by the law.
- We do not get upset - shared with "KP" Plushenko's wife, producer Yana Rudkovskaya. - Touches upon the honor and dignity of the Olympic champion, so go ahead - in court.
__________
"He also mentioned that Yana's Russian language is under-educated." ?????? I don't undestand the Russian language.. But Yana graduated from Altai State Medical University, Specialty: Venerologists, specialization: hardware and medical cosmetology.
about Yana : http://persona.rin.ru/eng/view/f/0/3...an-rudkovskaya
Last edited by plushyfan; 02-24-2013 at 01:43 PM.
Plush wasn't too worried about his reputation when he was elected to the Saint Petersburg Legislative Assembly in April 2010 and had attended only 11 of 123 parliamentary sessions since his election In December 2011. Maybe his constituents should have gone beyond their complains and sued him for dereliction of duty.
You are funny IceyAre you a person who thinks, Plushy is too much..too successful, too rich, too famous, too popular, too.....? he is a Russian national treasure...
I just read this...
Last edited by plushyfan; 02-25-2013 at 01:41 AM.
Let's Talk, if I understand the decision of the police it was that the TV guy was sort of wrong but the whole affair did not rise to the level of meriting a criminal trial. Is that right?
About money versus honor, what exactly do plaintiffs in these cases seek? An apology from the miscreant? A public vote of confidence from the court?
[Edited to add]: One more.
Last edited by Mathman; 02-24-2013 at 04:48 PM.
If police decided something, it doesn't make it legal. Wheather to appeal on police's decision or not is up to the applicant. The thing that turns civil responsibility for libel into a criminal one for slander under the R-laws is "deliberately falsified", i.e. when the person knew he was lying and yet kept lying. Look how Zhurnakov is answering on that video on Plu lawyer's comment (where she said that of course he must have seen a TV report from the Israel clinic, news on tv, etc., i.e. he couldn't not know that the operation did happen), he says he doesn't know that X-ray belongs to Plu, it could be anyone's, the news report from the clinic was done only by one channel, who is Doctor Pekarski he doesn't have to know either and therefore doesn't have to trust his words or anything that was in that news, he didn't see Plu's medical records and that's why no one can say that he knew he was deliberately lying when he doubted the operation, etc. It's all demagogy that makes police looks like clownade (which is what they indeed are). He is screwing the system and enjoying it. In other words if a criminal responsibility can ever take place, it's only in the case if a celebrity published his medical records! But even in this case some zhurankov can say that he didn't see them and therefore no one can prove that he was deliberately lying. If they can't make this criminal responsibility works without looking stupid, then they shouldn't have resumed criminal responsibility for slander in the first place and should have sticked with the civil one only as it was in Medvedev's Russia.Let's Talk, if I understand the decision of the police it was that the TV guy was sort of wrong but the whole affair did not rise to the level of meriting a criminal trial. Is that right?
About money versus honor, what exactly do plaintiffs in these cases seek? An apology from the miscreant? A public vote of confidence from the court?
[Edited to add]: One more.
FYI R-courts are not buying that demagogly a la zhurankov style. According to the latest available records on OSCE site, 852 people were conviced under the article 129 part 1 (pre-Medvedev Criminal Code) and only 45 under tha article 129 part 2, i.e. 20 times less. That does look odd if you don't know the procedure. Article 129 part 1 is private prosecution, i.e. when a citizen doesn't need a prosecutor on his side, he just goes to the court and files criminal charges (possible for very few minor crimes only). While article 129 part 2 (slander in mass media) is public prosecution, i.e. smth. that can be initiated only by a public prosecutor.
As for dignity, each society has its own values, some of them have non-material as well. So, when they are violated, they must be protected by law. It's not that uncommon in continental law (Brian knows!).
As for to laugh it off, well, when you are a celebrity, you might want to laugh lies off once, then again, then again, but I am sure sooner or later you will say "Enough!" and will go to the court. That is what celebrities usually do. Worldwide.
Apology in TV studio? Why not just to write a letter?
Zhurankov in fact should write a book "How to succeed in self-PR and make fast bucks" or somesuch.
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