Prosecutor throws out Plushenko slander complaint

[CanadianSkaterGuy]

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."

So, go ahead and sue me then. I have no problem defending myself since you've provided plenty of proof that you're either a North American, Brian Joubert, or a buffoon.

 

[Olympia]

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.

Thanks, Let's Talk. That's different enough from the American system that I wouldn't have been able to figure it out. I suppose in a sense, the equivalent here is that (God forbid) someone commits a crime against a person (but it has to be a crime, such as assault or burglary), the person can decide to press charges or not to press charges. (Alas, many spouses who have been assaulted by their spouses decide not to press charges.) But I believe that the case is brought into court as either "the people vs. John Doe" or "the state of Nevada (for instance) vs. John Doe." It's never as "Citizen Joe vs. John Doe." In other words, in criminal court, the case is always brought on behalf of the people, not a particular person. (If anyone has information that contradicts this, please feel free to correct me, but I'm fairly sure this is the procedure.) The only place a particular person can take someone else to court is in civil court, and then it's not for a crime.

Off topic, I suppose, but it's fascinating to me how different countries set up their systems. There are certain things in common, of course, and maybe that's even more fascinating, because it shows that the urge to create a just society is universal. I don't know enough about international law to know whether every country has a civil court system as well as a criminal court system. Wouldn't that be an absorbing field of study?

Anyway, thanks for satisfying my curiosity, Let's Talk.

 

[let`s talk]

In that case the proper response would be to punch the guy out.

What is it? I am sure you know very well that "punch" is not how the law works. Moreover, if hypothetically speaking Plu punched Zhurankov, the dude would get a good reason to sue Plu, would win and get handsomely compensated.
Mathman, are you trolling too?

So, go ahead and sue me then.

Haha. One more lame trolling. For "sue" you must be somebody. Like a journalist talking for a multi-million audience of TV broadcast. But you are just one of the internet ranter who doesn't even have a name.

I suppose in a sense, the equivalent here is that (God forbid) someone commits a crime against a person (but it has to be a crime, such as assault or burglary), the person can decide to press charges or not to press charges. (Alas, many spouses who have been assaulted by their spouses decide not to press charges.) But I believe that the case is brought into court as either "the people vs. John Doe" or "the state of Nevada (for instance) vs. John Doe." It's never as "Citizen Joe vs. John Doe."

I probably didn't word myself clearly enough. First, the prosecutor is aways in the courtroom of any criminal case, either it's a private prosecution or public one. His opnion is always stated in the protocol, in the judge's ruling, as well as in the sentence. There is no criminal trial without the prosecutor's presence. The nature of private prosecution is that the criminal proceeding can be initiated only by the victim's decision to file charges, it can be stopped in case the "peace" between the victim and the bad guy takes place and it cannot be initiated in the first place if the victim doesn't file any charges at all. According to your part in italics in the US all crimes are 'private prosecution' which I am sure is not a correct statement.

The institute of private prosecution was introduced in Russia by the tsar Alexander II in 1864 year. So, it's not the "Soviets" thing. The Bolsheviks established it by the relevant law in 1923 and since then there basically hasn't been any major changes. Private prosecution is not 'Russian' thing either. It exists in Australia, Canada, France, UK and at least in one state of the US (Virginia).

 

[Olympia]

Thanks, Let's Talk.

(I wasn't clear either, though. I apologize. If a person presses charges, the case is brought by the prosecutor just as in any criminal case.)

 

[Mathman]

^ About "pressing charges," I think this idea comes into play when the prosecution does not have a case without the testimony of the injured party. If, for instance, a policemen witnesses the crime, then the prosecution can proceed whether the victim presses charges or not.

What is it? I am sure you know very well that "punch" is not how the law works. Moreover, if hypothetically speaking Plu punched Zhurankov, the dude would get a good reason to sue Plu, would win and get handsomely compensated.

Well, at least I didn't say Plushenko should shoot the guy.

 

[dorispulaski]

Hey, if he lived in Florida, Plu could shoot Zhurankov & get away with it; all he needed to do is say he feared for his life

In the US, a private citizen can go after someone for theft by themselves in small claims court. I've seen small business owners handle it that way.

 

[CanadianSkaterGuy]

Even though Plushenko has lost this case, I hope this journalist has at least apologized or made some retraction. Although, it appears he hasn't even had to do that. Oh well... sticks and stones. Nobody will remember those commentator's words after the summer anyways, nor should Plushenko and his camp continue to care so much about this one guy's opinion.

 

[dorispulaski]

He has to care; if he doesn't make a stink, people would assume it was at least partly true, and say, "No smoke without fire." So even losing his case, based on the weasel word way that Zhurankov made his claims (stuff like "they say," "some one might think,", etc and more weaselling), Plu has still made his case to the fans, I think.

 

[CanadianSkaterGuy]

He has to care; if he doesn't make a stink, people would assume it was at least partly true, and say, "No smoke without fire." So even losing his case, based on the weasel word way that Zhurankov made his claims (stuff like "they say," "some one might think,", etc and more weaselling), Plu has still made his case to the fans, I think.

You're right about him defending himself, but if Zhurankov made a defamatory statement, all Plu had to do was say "No, you're wrong. Here's the proof" and Zhurankov looks like a fool. However, in choosing to go after him by suing him, and losing, Plushenko only hurt himself. When it comes to slander/libel cases, several people are of the opinion that if the defendant (Zhurankov) loses they must have been lying/guilty of slander, but if the defendant wins they must have been telling the truth. Since Zhurankov got off scott-free I'm sure to some people that actually substantiates his statements (which, ironically, was what Plushenko was trying to avoid in the first place by suing him).

 

[Mathman]

Wait, what?! Plushenko did not lose the case. According to the article in the OP:

“The prosecutor’s office again quashed the decision not to institute criminal proceedings,” the source said. The prosecutor’s office declined to comment on the matter Tuesday, according to the RAPSI.

In other words, for the second time the prosecutor's office has instructed the police to proceed with the criminal case against the journalist.

 

[CanadianSkaterGuy]

Wait, what?! Plushenko did not lose the case. According to the article in the OP:

In other words, for the second time the prosecutor's office has instructed the police to proceed with the criminal case against the journalist.

I re-read and yeah, he intends to sue for defamation (instead of slander), but the title of this thread and the title of the article make it seem like the whole case was thrown out. The criminal case seems to be thrown out but the charges of defamation seem to be pursued. It's a bit silly to label a journalist as a criminal for an opinionated comment based on incorrect data he was going off of, and it was hardly repeated and it's not like he was making some lengthy campaign against him. Also, it's Plushenko and not some major political figure. When defamation law in Russia was reinstated in 2012 by Putin it was heavily criticized as a ploy to curb freedom of speech by those opposing his government anyways (and protect prominent political figures). I can't imagine it was meant to protect figure skaters (even Plushenko) from inaccurate statements by TV commentators.

In the States you get radio casters and TV casters saying grossly false things about Obama all the time, and they project this to millions of listeners (Fox News, Rush Limbaugh, etc.). But the government dismisses them as fallacies spewed by asinine opposers and everyone moves on. Nobody gets sued, and heck, nobody even entertains the crap these people say or cares what their listeners will think of it. Obama never sued Trump for saying he wasn't born in the US -- Obama produced his long form birth certificate and Trump was made to be a fool, and Obama left it at that.

 

[Mathman]

I re-read and yeah, he intends to sue for defamation (instead of slander), but the title of this thread and the title of the article make it seem like the whole case was thrown out.

I think the headline, and consequently the thread title, are quite at fault in confusing the issue. It is not at all clear where the matter lies.

The criminal case seems to be thrown out but the charges of defamation seem to be pursued.

I don't think the criminal case was thrown out. What I think happened is that the Moscow Prosecutor's Office threw the case back to the police, ruling that the police erred in not proceeding with it. (?) I think the the defamation proceedings are a separate action. (?)

It's a bit silly to label a journalist as a criminal for an opinionated comment based on incorrect data he was going off of

"Following unsourced reports in Israeli media that Plushenko lied about having surgery, Zhurankov said on the Russian television the figure skater’s alleged fakery was for public relations purposes."

At the risk of getting sued by Mr.Zhurankov, I bet no such "unsourced Israeli media reports" existed anywhere except in the Mr. Z's imagination. Now I hope the case does go though, just so Zhurankov will be forced to reveal his so-called sources in court.

Of course he could stand on the Russian equivalent of the U.S. First Amendment (freedom of the press) and say, "No, no, a thousand times no. I would rather go to jail than reveal my sources!"

Obama never sued Trump for saying he wasn't born in the US.

No, but Donald Trump sued satirist Bill Maher for $US 5,000,000 for challenging Trump to prove that Trump was not the offspring of an orangutan.

http://www.mediabistro.com/fishbowldc/files/2013/02/TrumpHairs.jpg

 

[Mathman]

By the way, RAPSI (the Russian Legal Information Agency) is on Twitter. You can follow them and read all about the progress of this case, 140 characters at a time.

 

[CanadianSkaterGuy]

No, but Donald Trump sued satirist Bill Maher for $US 5,000,000 for challenging Trump to prove that Trump was not the offspring of an orangutan.

http://www.mediabistro.com/fishbowldc/files/2013/02/TrumpHairs.jpg

Maher:“Suppose that perhaps Donald Trump had been the spawn of his mother having sex with an orangutan, because, well, I didn’t just make this up. The color of his hair and the color of an orange orangutan is the only two things in nature of the same color. . . . I’m not saying it’s true, I hope it’s not true, but unless he comes up with proof, I’m willing to, I’m willing to offer five million dollars to Donald Trump that he can donate to a charity of his choice, Hair Club for Men, the Insitute for Incorrigible Douchebaggery, whatever charity . . .”

Within two days, he had a birth certificate in Maher’s hands to prove that his father was really the human Fred C. Trump. And then Trump actually tried to hold him to his word by suing him! Although, I'd have to say, Stephen Colbert's $1,000,000 offer was much more epic. (NSFW: http://www.youtube.com/watch?v=MtlAdDFVeUM)

To sue somebody for an accusation means they must have really gotten under your skin. In which case, you should probably take the higher road unless that person has legitimately damaged your reputation with their comments. Suing or taking legal action is an aggressive approach that is essentially using grease to put out a fire that can be easily stamped out.

 

[dorispulaski]

I have seen all sorts of folks, particularly politicians, try to take the high road, but unfortunately the high road has lots of mud puddles in it, and it does not end well.

 

[yaya124]

I re-read and yeah, he intends to sue for defamation (instead of slander), but the title of this thread and the title of the article make it seem like the whole case was thrown out. The criminal case seems to be thrown out but the charges of defamation seem to be pursued. It's a bit silly to label a journalist as a criminal for an opinionated comment based on incorrect data he was going off of, and it was hardly repeated and it's not like he was making some lengthy campaign against him. Also, it's Plushenko and not some major political figure. When defamation law in Russia was reinstated in 2012 by Putin it was heavily criticized as a ploy to curb freedom of speech by those opposing his government anyways (and protect prominent political figures). I can't imagine it was meant to protect figure skaters (even Plushenko) from inaccurate statements by TV commentators.

In the States you get radio casters and TV casters saying grossly false things about Obama all the time, and they project this to millions of listeners (Fox News, Rush Limbaugh, etc.). But the government dismisses them as fallacies spewed by asinine opposers and everyone moves on. Nobody gets sued, and heck, nobody even entertains the crap these people say or cares what their listeners will think of it. Obama never sued Trump for saying he wasn't born in the US -- Obama produced his long form birth certificate and Trump was made to be a fool, and Obama left it at that.

Trash talking in a gossip show is expected so nobody will be very serious about it. Same as political debate, people are expecting controversial talks from such programs. So by saying such practice happens everyday does not make them right and does not fit the case for Plushenko.

What Zharankov did is extremely unprofessional because he gossiped a lie framed with "in my opinion" despite the fact that the operation and doctor's interviews were broadcast on Channel 1 in Russia days before he made his comment. He deliberately used un-sourced gossip to support his opinion while the facts have been shown on TV already. You expressed the same doubt in the other post, but in your case, since your audience is just posters from this forum, there is no harm done to Plushenko directly, only annoyed his fans. Zhurankov's case is different that is why Plushenko wanted to sue him.

And Plushenko is not the first athlete to sue TV commentator in Russia. Another footballer sued one of the commentator and won. And actually in that case, the commentator made mistake by forgetting to switch off the mic while trash talking that athlete. That commentator did not mean to say bad comments about that athlete when he is on air. But he got sued and lost.

It is the nature of Russian law to sue Zhurankov with criminal charge, judging from what I read.

 

[Jaana]

He has to care; if he doesn't make a stink, people would assume it was at least partly true, and say, "No smoke without fire."

Yes, that is a good saying, but we have in Finnish also something else: "It is the dog which is hit by the tossed stick, which yelps."

 

[plushyfan]

The whole story:

-Operation:http://www.youtube.com/watch?v=r5hQlrbKNdU

-In media(foreign):
http://olympictalk.nbcsports.com/20...ns-to-skate-in-sochi-despite-surgery/related/
http://espn.go.com/olympics/figures...493/evgeny-plushenko-back-surgery-miss-worlds
http://fr.news.yahoo.com/patinage-p...-jo-2014-malgré-opération-064628019--spt.html
http://www.icenetwork.com/news/article.jsp?ymd=20130131&content_id=41279136&vkey=ice_news
http://www.globalpost.com/dispatch/...ing-plushenko-has-surgery-replace-spinal-disc
http://sportsillustrated.cnn.com/more/news/20130131/evgeny-plushenko-surgery.ap/#ixzz2Jao1Q0A1
http://www.ess.fi/?article=401891 -finnish
http://durushaber.com/haber-14408-P...tml?utm_source=twitterfeed&utm_medium=twitter -turkish
http://rt.com/sport/pluschenko-spine-surgery-figure-skating-194/
http://www.handelsblatt.com/eiskuns...uschenko-an-bandscheibe-operiert/7718572.html -german
http://www.worldtimes.co.jp/news/sp...19_RTROPTT_0_TK0604121-PLUSHENKO-SURGERY.html - japanese

and so on.....

aaand this article on 31.01.2013.
http://cursorinfo.co.il/news/sport/...vgeniyu-plyushenko-mozhet-okazatsya-vimislom/ - Report in the Israeli media claimed Plushenko was not being operated on and insisted Mishin was lying to cover up failure in Zagreb....

-At least, the journalist of "sovpsport" noted 2 factual errors in the article and contacted Mishin - who confirmed that Yana goes in Israel with TV crew http://www.sovsport.ru/gazeta/article-item/585263

-Yana showed some photos on Twitter from hospital

-and one Tv chanel aired this video on TV

http://www.youtube.com/watch?v=jljRVEXpsiE

and the clinic: http://www.mcra.co.il/?CategoryID=461

-russian article: http://www.kp.ru/daily/26024/2944513/
translation..
"- Zhenya, how are you feeling? How went the surgery?
- Thank you. Surgery went well. I can already move quietly. They put the new disc into my the back hitched with the four screws, removed the hernia. Surgery was serious, so now I need to be in peace, and then I'll recovering. All quietly passes, everything is normally.

- How long are you going to be in Israel?
- Two weeks. Then I will go back to Russia, stay with my ​​son, family. And then after four weeks I will back to Israel to a examination, because it is very important that the new disk stuck. So now I must to avoid sudden movements: I can not twist, squat."

Let's talk's translating:
There were too many med vocabs talks that flew out of my head the moment I heard them. The Israeli doctor spoke native Russian . He said Plu disk was in awful condition, not the disk only but also vertebraes and smth else. I am weak with med talks. The doc commented not without Jewish jokes, smth like "It's dangerous to live with such spine, not just to compete." Zhenya said he feels "like after operation" but feels good.


After this ,Eurosport commentator Andrei Zhurankov said Plushenko had faked the surgery for public relations purposes.

“In my opinion, there was no such operation, and all this story, considering how it was presented in the mass media – it was an exclusive story by Channel One, only certain media sources got the tip-off to write about it – all this looks like a strategy that is used for various PR actions in showbiz," he said on-air.

Also and this:

"I especially have a suspicion, because next information appeared in the Israeli medias, 2 days ago, that they can not find a hospital where was Evgeni operated, and can not find him in any hospital right now.... Also, I do not believe that a man who had operation on the spine, can walk one day later.... Why do I think that's Plushenko's "PR"? In general, in recent years, much more stories about Evgeni is from show business, than from the sport."


You forgot something, this case is not just about Plushenko.

This was Plus's first reaction on Twitter, he was in Tel Aviv Hospital:

RT @EvgeniPlushenko:
"Here's a video which sent to me: http://youtube.com/watch?v=sapPTvStTeU
Well, what can I say about it... I'm especially bitter, aware of the fact that Andrey Zhurankov @AZhurankov, pretending to the title of a sports journalist, which in itself should mean a certain level of professionalism, could understand all the mendacity which he told on Russian channel EUROSPORT 2 about me as a athlete and person, that is, he deliberately insulted my honor, dignity and reputation.
Sport - it's my life. Sporting achievements in the name of the glory of Russia - this is my religion. For me, it's not just words, it is the essence of all that I did and do in the sport. Violating the code of ethics of the journalist, Zhurankov slandered and insulted not only me, than also my entire team, including a genius coach Alexei Mishin, wonderful assistants, my fans in Russia and around the world.
Fact is so disgusting and transcends, that I'm not going to leave it just like that. In the end, there is a law, there is a court, in which I will defend my dignity of athlete and person."

What had Plushy to do? He just had to laugh Zhurankov's stupidity? And Zhurankov refused to apologize.... Luckily the major news-agency was not immediately sent this news, like they did about his surgery.

Plushy in another interview: "Well, I think if you are a sport journalist, you should comment sport precisely and nothing else. No need to comment my personal life, my wife, my kids, my so-called "show business" or whatever. I am not doing any show business. Yes, I have a lot of friends in that field. Probably some people are too concerned about the fact that I have so many friends in show business, in politics, in the theatre and movie worlds. I think journalists should have a more professional approach to their work. If they comment figure skating, so please study this sport, like the difference between lutz and flip jumps. That is what they should talk about: technical skills, programs of skaters, their costumes, choreography, so on. Journalists have to study figure skating before being assigned to comment this sport."

-Plushenko Denies Reports Sponsors Have Left Amid Scandal http://en.rsport.ru/other_sports/20130329/653749430.html
---------------------------------


absolute fresh news: 11 June Plushenko goes in Israel to the medical examination, after which doctors will tell him, can he jump and participate in competitions....

 

[whitebamboo]

Yes, that is a good saying, but we have in Finnish also something else: "It is the dog which is hit by the tossed stick, which yelps."

Sorry, I'm afraid I don't quite get what this saying means. Is it saying that those who are attacked should not speak up or try to defend themselves? That would seem awfully convenient for those who like to "toss sticks", wouldn't it?

Some people say they would have "laughed it off" themselves. However, it frankly comes across as a bit strange to translate this to a notion that others (or namely in this case, Plushenko) "should" react the same way. As we've seen, in Russia (as in most countries), the need for legal recourse against defamation is recognized. To "laugh it off" is one way of dealing with it, to seek such a legal recourse is another way: I don't see how the former is more of a "high road" than the latter in any morally meaningful way.

Specific to this particular situation, one thing to mention is that over the years, the Russian tabloids have invented many false rumors about Plushenko, and he has for the most part (with exceptions) forborne from reacting openly. But this time, Zhurankov is not some tabloid reporter. He was on Eurosport, a serious television sports channel, commentating on the 4CC, a major international competition. He was speaking from a position that would generally be considered a position of authority on figure skating. And he was not merely making a factual mistake in the course of commentating: he deliberately brought up Plushenko's name in a situation where one would not expect it to naturally arise (given that there were no Russian skaters in the competition). He was not merely speculating based on a lack of knowledge: he specifically mentioned the Channel 1 video news report of Plushenko in the Israeli hospital, which shows that he was fully aware of the facts of the situation. Later, he admitted directly that he was trying deliberately to "bait" Plushenko.

To say that Plushenko's injury and/or operation were not legitimate is to impugn his honesty (as well as the honesty of his team, his doctors, and Channel 1). As Plushenko himself has said more than once, to be called a "liar" is what offends him deeply. Perhaps to some posters here, such matters of personal integrity would only elicit a reaction of "who cares?", but by all indications, it is in fact something that is important to Plushenko. Given this, it seems to me to be a quite natural and honorable (yes, Plushenko is one of those people who still use the word "honor" in this day and age, so I will use it here as well) reaction to try to seek redress, whatever the outcome.

 

[whitebamboo]

Even though Plushenko has lost this case, I hope this journalist has at least apologized or made some retraction. Although, it appears he hasn't even had to do that. Oh well... sticks and stones. Nobody will remember those commentator's words after the summer anyways, nor should Plushenko and his camp continue to care so much about this one guy's opinion.

As was pointed out by others, Plushenko did not "lose the case". But I'm curious as to your statement here that you hope Zhurankov "apologized or made some retraction". I believe that according to most commonly accepted ways of thinking, this would imply that you think Zhurakov's statements regarding Plushenko's injury and operation were false. However, two days ago, you also expressed an opinion similar to Zhurankov's in another thread about Plushenko here:

....
I wouldn't have been shocked if we later found out that he wasn't injured at the time and his camp had cited an injury as an excuse.
.....

Ignoring the self-contradictions within that particular post for the moment, do you think Plushenko's injury at this year's European Championships was legitimate or not? Or does it switch back and forth unhindered?