Prosecutor throws out Plushenko slander complaint | Golden Skate

Prosecutor throws out Plushenko slander complaint

gsk8

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MOSCOW, May 21 (RAPSI) – The Moscow prosecutor’s office will not to pursue a criminal investigation against a television commentator who figure skating star Evgeny Plushenko claims slandered him earlier this year, a law enforcement source told RAPSI on Tuesday.

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karne

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*shakes head* I do not understand how this case cannot go ahead. Claiming that a sportsman faked an injury is the ultimate slander. He may as well have suggested that Plushenko was on steroids. (Ooops. Better not give the NBC ideas.)
 

CanadianSkaterGuy

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Jan 25, 2013
Claiming that a sportsman faked an injury is the ultimate slander.

This guy deserves a slap on the wrist at best. Paying $165,000 for a single "in my opinion" comment is hardly a suitable fine, even if such a comment was being disrespectful. Countless people have slanderously/libellously asserted that Obama is a terrorist or that he's faking his nationality and you don't find them getting sued.

If anything, suing the guy (instead of just ignoring him or dismissing it as incorrect and without grounds) just makes one question if his statement did actually hit a nerve. It's like when Joubert sued that tabloid for saying he was gay (I mean, who really cares). When you doth protest too much, it makes people actually start to wonder...

My thoughts after the Euros SP: "Well, he's in 6th, has no chance of winning and likely needs to skate close to his best to even medal. So, his pristine podium record is at stake, including his credibility and standing if he loses to Fernandez/Amodio/Brezina/Joubert or even one of his own countrymen. If he's actually injured, there's no point further injuring himself trying to get a bronze medal." I give him the benefit of the doubt and agree that he likely was too injured to compete in the FS, but I don't believe for a second 100% of what comes out of the Mishin camp -- if Plushenko weren't injured, I could totally picture them citing an injury and pulling him out for the reasons just stated.
 

let`s talk

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This guy deserves a slap on the wrist at best. Paying $165,000 for a single "in my opinion" comment is hardly a suitable fine,
Here I agree with you. In the US in some states they jailed some people for slander.
It's like when Joubert sued that tabloid for saying he was gay (I mean, who really cares). When you doth protest too much, it makes people actually start to wonder...
You just revealed quite a noticable feature of yourself- cowardness. I heard from Canadians and especially from Americans that people there are afraid to act out. France is different. There if you are quiet, people can actually start wonder. Keep in mind that cultural aspect when you come with your next rant. :p
 

let`s talk

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Sep 10, 2009
MOSCOW, May 21 (RAPSI) – The Moscow prosecutor’s office will not to pursue a criminal investigation against a television commentator who figure skating star Evgeny Plushenko claims slandered him earlier this year, a law enforcement source told RAPSI on Tuesday.

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:confused: What is this source? Do they even speak Russian? The only correct phrase is “The prosecutor’s office again quashed the decision not to institute criminal proceedings,” which corrresponds to the Russian "Отказ возбудить дело о клевете по заявлению Плющенко вновь отменен", the news that was in R-media a couple of days ago: http://rsport.ru/figure_skating/20130521/663314082.html . But the meaning of it is completely the opposite than the title of this source "Prosecutor throws out Plushenko slander complaint." It means that the prosecutor again disagrreed with the police decision not to start the criminal proceeding against Zhurankov. They canceled the police decision, the second time btw, and sent the case back to police for additional examination and expertise. The criminal saga is not closed. On the contrary, it's going on. And the way how the prosecutor keeps insisting doesn't look good for Durankov.

Also, the phrase "Plushenko had attempted private prosecution" is incorrect either. Private prosecution is a separate procedure under the R-criminal code. Plu didn't file any. The remark of his lawyer was about the civil lawsuit that they intend to file.
 

CanadianSkaterGuy

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Jan 25, 2013
Here I agree with you. In the US in some states they jailed some people for slander.

No, I'm saying that he should NOT pay $165,000 for a comment that was "in his opinion". Btw, since 2004 in the US nobody has ever been incarcerated for defamation/libel/insult. In Russia, incarceration is only in a select few cases and Russian law acknowledges this as for the most severe defamation/libel/insult (usually against government officials and important people). In Russia, one can certainly be fined for insult that "denigrates the honour and dignity of another person in an indecent form", but that usually depends on the severity of the insult and how it's directed. That television commentator was providing his own opinion and not stating a fact (and qualified it with it being his opinion due to how it was being presented in the media)... so, essentially, it's a terrible thing to say or insinuate - particularly with no evidence - but ultimately, he's stating one's opinion and prefaced it with that.

Do you think Skate Canada should sue Plushenko for his defamatory tweet that questioned their integrity by implying that their manipulation and politicking resulted in Chan's 2013 gold? :rolleye:

You just revealed quite a noticable feature of yourself- cowardness. I heard from Canadians and especially from Americans that people there are afraid to act out. France is different. There if you are quiet, people can actually start wonder. Keep in mind that cultural aspect when you come with your next rant. :p

This makes absolutely no sense but I'll try to decipher your incoherent rambling. There are plenty of North Americans who are out -- especially in Canada where gay marriage is legal. In France, gay marriage is also legal, so I don't see your point that that "if you're quiet, people actually start to wonder". Yes, homophobia will be everywhere, but if somebody accuses you of being gay, if you're a sensible person you don't sue them -- you either ignore them or just say "No, I'm not" and leave it at that. Just like if somebody says you're faking an injury, you either ignore them or you make a statement that their statement is false.

Suing them puts you in a bad light -- and now that he's lost the slander complaint, I would bet some people might actually think that the TV commentator was actually correct since he wasn't successfully fined. It all adds fuel to a fire that doesn't even need to be started in the first place.
 

let`s talk

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Btw, since 2004 in the US nobody has ever been incarcerated for defamation/libel/insult.
Criminal reposnsibility is not cancelled in some states. Therefore anyone can be charged, found guilty and jailed at any time.
In Russia, incarceration is only in a select few cases and Russian law acknowledges this as for the most severe defamation/libel/insult (usually against government officials and important people). In Russia, one can certainly be fined for insult that "denigrates the honour and dignity of another person in an indecent form", but that usually depends on the severity of the insult and how it's directed. That television commentator was providing his own opinion and not stating a fact (and qualified it with it being his opinion due to how it was being presented in the media)... so, essentially, it's a terrible thing to say or insinuate - particularly with no evidence - but ultimately, he's stating one's opinion and prefaced it with that.
Lol to where the trolling can take the poor thing. Now he is acting as an the expert on Russian law. And is silly enough to demonstrate that the doesn't event speak Russian, not saying about knowing the legal mechanism and the procedure. None of your sentence is correct. You have zero knowledge or expertise on the subject. But you have the unlimited desire to troll. Now on Russian law. :laugh:
Do you think Skate Canada should sue Plushenko for his defamatory tweet that questioned their integrity by implying that their manipulation and politicking resulted in Chan's 2013 gold?
Great idea! Maybe the civil court will do what ISU was supposed to do- judge fairly. :biggrin:
This makes absolutely no sense but I'll try to decipher your incoherent rambling.
Of course it doesn't make sense for you. You are not Euro, not French, not straight and not Brian Joubert. I'm at least two of those. So unlike you I can imagine how he felt and why he sued.
In France, gay marriage is also legal, so I don't see your point that that "if you're quiet, people actually start to wonder".
You are incorrect again. In France gay marriages became legal just a couple of days ago. There were not at the time when Brian's lawsuit took place. Stop posting incorrcet information.
In Yes, homophobia will be everywhere, but if somebody accuses you of being gay, if you're a sensible person you don't sue them -- you either ignore them or just say "No, I'm not" and leave it at that. Just like if somebody says you're faking an injury, you either ignore them or you make a statement that their statement is false.
If you were right, the jurisprudence wouldn't have laws on slander and defamation in the first place. But you are not. :p
 
Joined
Jun 21, 2003
This journalist is nobody. Plushenko is somebody. Plushenko should have just ignored the whole thing, or laughed it off.

Skaters could sue half of the posters on Golden Skate and three-quarters of the posters on FSU, if they wanted to. :yes:

[Edied to add]: I hope FSU doesn't sue me for saying that. ;)
 
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LRK

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This journalist is nobody. Plushenko is somebody. Plushenko should have just ignored the whole thing, or laughed it off.

Skaters could sue half of the posters on Golden Skate and three-quarters of the posters on FSU, if they wanted to. :yes:

[Edied to add]: I hope FSU doesn't sue me for saying that. ;)

But we're not journalists... Public perception is that what journalists say is always true. Especially if they say it in public, in their capacity as journalists.

I seriously doubt that, if I make any wild claim, public at large are going to say: "Why, LRK on GS said it, so it must be true!"
 

CanadianSkaterGuy

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But we're not journalists... Public perception is that what journalists say is always true. Especially if they say it in public, in their capacity as journalists.

I seriously doubt that, if I make any wild claim, public at large are going to say: "Why, LRK on GS said it, so it must be true!"

This was an opinion that was verbalized, not written and disseminated as fact. It's not as if that commentator was the only person thinking that when Plushenko pulled out. Plenty of journalists offer differing opinions and speculations, so they can't all be true. When it comes to facts, however, those must be accurate... and false claims that are presented as facts are privy to being treated as potentially slanderous/libellous.

Ever watched a soccer match? Do you think the commentators get sued every time they suggest a player that's been tackled wasn't legitimately injured?

And, really, who cares if he pulled out legitimately or not? He was 6th and had zero chance of winning anyways. :rolleye:
 
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This was an opinion that was verbalized, not written and disseminated as fact. Plenty of journalists offer differing opinions and speculations, so they can't all be true.

Ever watched a soccer match? Do you think the commentators get sued every time they suggest a player that's been tackled wasn't legitimately injured?

On the other hand, in this case I think the journalist said he didn't believe that Plushenko underwent surgery in Israel. This is not a matter of opinion --either he did or he didn't. Furthermore, if the journalist had wanted to check the facts he could have done so.

So the journalist was definitely in the wrong and deserves the scorn of public opinion. Still...meh. I hope the worst thing anyone ever says about me is that had surgery when I didn't, or vice versa. By presenting the facts, Plushenko made the journalist look like a fool, not the other way around.
 
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CanadianSkaterGuy

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On the other hand, in this case I think the journalist said he didn't believe that Plushenko underwent surgery in Israel. This is not a matter of opinion --either he did or he didn't. Furthermore, if the journalist had wanted to check the facts he could have done so.

So the journalist was definitely in the wrong and deserves the scorn of public opinion. Still...meh. I hope the worst thing anyone ever says about me is that had surgery when I didn't, or vice versa. By presenting the facts, Plushenko made the journalist look like a fool, not the other way around.

Yup, he was a bad journalist for not sourcing and as a result misappropriated the truth. Happens on Fox News all the time. :laugh: And yes, he does deserve scorn and to be ridiculed for that. Sued $165,000? Hardly.
 
Joined
Aug 16, 2009
On the other hand, in this case I think the journalist said he didn't believe that Plushenko underwent surgery in Israel. This is not a matter of opinion --either he did or he didn't. Furthermore, if the journalist had wanted to check the facts he could have done so.

So the journalist was definitely in the wrong and deserves the scorn of public opinion. Still...meh. I hope the worst thing anyone ever says about me is that had surgery when I didn't, or vice versa. By presenting the facts, Plushenko made the journalist look like a fool, not the other way around.

Yes, this is the salient point in this particular situation. For a journalist to say, "Well, such-and-such a tennis player exaggerated his injury so he could have an extra time-out and throw off his opponent" is one thing. But this was major back surgery where part of Plushenko's back was reconstructed, and now he wants to come back as a competitive athlete. To say that this is a made-up story is impugning the truthfulness of not only Plushenko and his coach but the hospital that performed the procedure. To me such a statement by the journalist is extra malicious, and it's also kind of stupid, because such an operation is easy to verify just by the scars!

As for whether it can be prosecuted in a court, that I couldn't say, because I have no idea of the laws of Russia. In the U.S., such a case would generally be tried not in criminal court but in civil court. (I gather it's possible to have criminal defamation cases in some states but not on the federal level, but it's not common at all.) If the case is brought in civil court, the aggrieved party would be Plushenko, not the state. And the defendant wouldn't be found "guilty" as such; he would be found liable for money damages, which could amount to quite a lot. I don't know how libel is classified in Russia. Is that what one of you meant by referring to "private prosecution"?

In this situation I side with Plushenko. This guy was making a major statement, not just a comment about Plushenko's conduct in an individual competition. And the reporter wasn't stating it as an opinion but as a fact. Maybe Plushenko has another way of proving the journalist wrong besides a lawsuit, but if he is angry enough to sue, I couldn't blame him.
 
Joined
Jun 21, 2003
As for whether it can be prosecuted in a court, that I couldn't say, because I have no idea of the laws of Russia. In the U.S., such a case would generally be tried not in criminal court but in civil court. (I gather it's possible to have criminal defamation cases in some states but not on the federal level, but it's not common at all.)

Off topic. Here's a funny one that is being argued right now in the state of Michigan. A candidate for local office was the target of a robo-phone smear campaign. He lost. The telephone caller said that this candidate was kidnapping teenaged girls, holding them captive in his basement and forcing them to make pornographic videos. The opposition candidate said he certainly didn't know anything about this, so the aggrieved party eded up suing the voice actor who made the recording.

The voice actor's defense was, hey, someone sends me a script and a paycheck and I make a recording. That's my profession.

No, see, that's like a hit man who kills someone but then pretends that he doesn't know the identity of the shadowy cloak-and-dagger figure who is actually behind the crime.
 

LRK

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Nov 13, 2012
Also, a point... The statement was not made during Euros' or directly after - but at Four Continents. And I do think Plushy cared about why he had to withdraw - and people who care about Plushy do too - when he had a disc in his back replaced with an artificial one. Just because you don't care, CSG, doesn't mean that others are equally indifferent. But, of course, it's just a "story" for us "Plushy ubers" to cover up his bad performance - is not that what you've said? You continually belittle the severity of the injury. I'm sure, of course, that if you had had to go through such a procedure - or if you ever have to go through any major surgery - you will not care about that either - nor will your friends or well-wishers. And when you had to take time out from work to recover, you wouldn't mind at all, if it were spread all about your workplace that you were only malingering. Of course.:sarcasm:
 

let`s talk

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But we're not journalists... Public perception is that what journalists say is always true.
I suspect that was one of the reason why the prosecutor canceled the police's decision not to start the criminal procedure against Zhurankov. They made some examination on communicative linguistics within the police investiation, by "they" I mean the specialists of some Russian language university, where they stated that the way how Zhurankov presented the info was highly likely percepted by listeners as a fact and not just an opinion. They also said that Zhurnakov was doing that to "fill in" the air time with something. As well as PR-ing himself at Plu's expense. Not that they said something that people didn't say the moment Zhurankov opened his mouth. But you know, the procedure requires the written examination done by specialists. :)
This was an opinion that was verbalized, not written and disseminated as fact.
So, you are saying that if somebody comes to your boss and says: "You know, in my opinion CSG faked his call-in-sick day in order not to attend the importatnt meeting and he spent his day watching online kids' porn, in my opinion," that's just fine. It's fine if that somebody goes around and keeps spreading this opinion about you among your co-workers. Well, maybe indeed in your workplace such "opinions" are not a big deal. Luckily for the world it's not the rules for the rest of us. :p

The European Convention on Human Rights defines that "The exercise of the freedom of expression, since it carries with duties and responsibilities, may be subject to such ... restrictions or penalties as are prescribed by law and are necessary in a democratic society, ..., for the protection of the reputation or the rights of others." The Constitution of RF states that "The exercise of the rights and freedoms of man and citizen shall not violate the rights and freedoms of other people." In short- the right of Zhurankov to hold an opinion shall not violate Plu's right on honor and good name. Especially if his opinion has no grounds, reasons and cannot be supported by any evidence or facts.

If your parents, nuns or whoever brought you up told you that t's fine to lie about people and it's fine to defend liars with their right to lie, they obviously did their job very well. :clap:
Plenty of journalists offer differing opinions and speculations
That's a lie. Again. Zhurankov was the only journalist who said that Plu faked his injury. That's why he is the only one under the investigation now.
You are North American, you are Brian Joubert, you are a buffoon. You're at least one of those.
So, you claim let`s talk is Brian Joubert who is a North American buffoon. You forgot to add "in my opinion". Without that it's "a false claim that is presented as a fact is privy to being treated as potentially slanderous/libellous." :laugh:
 

let`s talk

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Is that what one of you meant by referring to "private prosecution"?
Not exactly. Under the Criminal Code of RF the crime of slander commited by an individual against another individual is a crime of private prosecution. Private prosecution is a special procedure available ony for few minor cirmes. It is when any person can come to the crimnal court and file criminal charges against another person. If a slander took place in mass media (Plu case), then it's a subject of public prosecution, i.e. the charges must be done only by a public prosecutor.
The civil law is when a person sues another person or/and media for defamation.
 
Joined
Jun 21, 2003
So, you are saying that if somebody comes to your boss and says: "You know, in my opinion CSG faked his call-in-sick day in order not to attend the importatnt meeting and he spent his day watching online kids' porn, in my opinion," that's just fine.

I think that's kind of an exaggeration. (In that case the proper response would be to punch the guy out. ;) )

I think Plushenko's situation would be more like this. I say that I am taking a six weeks leave for major surgery. When I come back to work the class clown says, "I bet you didn't have surgery at all, you just wanted a longer vacation." Whatever you say, twerp-face.
 

CanadianSkaterGuy

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Jan 25, 2013
I think Plushenko's situation would be more like this. I say that I am taking a six weeks leave for major surgery. When I come back to work the class clown says, "I bet you didn't have surgery at all, you just wanted a longer vacation." Whatever you say, twerp-face.

Yup. I would dismiss them and their accusation, especially if it were a coworker that I didn't really care much for. Retaliation isn't really worth my time, particularly because the coworker is likely trying to instigate me. Plushenko's reaction could have been "I don't concern myself with the opinion of this TV commentator... Especially when nothing could be further from the truth. Next question?"
 
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