Russia Defamation Laws: Civil, Criminal & Defences

In Russia, defamation is both a civil wrong and a crime. Reputation is protected in the civil courts under Article 152 of the Civil Code, while Article 128.1 of the Criminal Code makes slander a criminal offence. That criminal provision has an unusual history: defamation was decriminalised in late 2011 and then re-criminalised less than a year later in 2012.

Is defamation civil, criminal, or both in Russia?

It is both. Russia protects reputation through two parallel tracks. The civil track is Article 152 of the Civil Code (Grazhdanskiy kodeks), titled protection of honour, dignity, and business reputation, which lets an individual or a legal entity sue to refute false discrediting information and recover compensation. The criminal track is Article 128.1 of the Criminal Code (Ugolovnyy kodeks), which defines slander (kleveta) as the dissemination of knowingly false information that damages another person's honour, dignity, or reputation. A claimant can pursue a civil claim, a criminal complaint, or both. The criminal provision has shifted over time: Russia removed criminal slander from the Code in late 2011, then restored it in 2012, and later broadened it. The civil remedy under Article 152 has remained in force throughout.

How did Russia decriminalise then re-criminalise defamation?

The history is specific and well documented. In late 2011, amendments removed the general slander and insult offences (then Articles 129 and 130) from the Criminal Code, shifting that conduct away from criminal liability. Less than a year later, in July 2012, the Russian parliament adopted, and the President signed, a law reintroducing slander as Article 128.1 of the Criminal Code, effective in 2012. According to the Library of Congress Global Legal Monitor, the restored offence was structured mainly around fines rather than imprisonment. The provision was later expanded by amendments adopted on 30 December 2020 that entered into force on 1 March 2021, extending it to slander committed on the Internet and to defamation directed at a group of persons, including individually undefined persons.

Watch out: The 2011 decriminalisation was short-lived. Anyone relying on older summaries that say defamation is not a crime in Russia should note that criminal slander was restored in 2012 and broadened in 2021.

How does civil defamation work under Article 152?

Article 152 of the Civil Code does most of the everyday work. Carter-Ruck's Russia law guide explains that a claimant must show three elements: that information was disseminated to at least one other person, that the information is discrediting (alleging illegal, unethical, or unfair conduct affecting honour, dignity, or reputation), and that it is inaccurate. Once dissemination and the discrediting nature are established, the burden shifts: the defendant must prove the statement is true, otherwise the claim succeeds. Both individuals and legal entities may sue to protect their reputation. The same article underpins removal of online material and a right of reply. Russian courts often appoint linguistic experts to decide whether a statement is a verifiable assertion of fact (which can be refuted) or a protected expression of opinion.

What are the criminal penalties under Article 128.1?

The offence is primarily fine-based but carries heavier penalties in aggravated forms. As reported by TASS and the Library of Congress, basic slander is punishable by a fine of up to 500,000 roubles and community service. The 2020 to 2021 amendments added penalties for slander committed publicly, in the media, or on the Internet, including a fine of up to 1 million roubles and imprisonment of up to two years. Slander combined with a false accusation of a grave crime or a sexual offence carries a fine of up to 5 million roubles and imprisonment of up to five years, while slander by a person abusing an official position carries imprisonment of up to three years. Penalty figures are the maxima set in the statute.

What defences and privileges apply?

Truth is the central defence on both tracks. In a civil claim under Article 152, proving that the disputed statement is accurate defeats the claim, and documentary proof is the most direct route. A defendant can also argue that the words are a value judgment or opinion (often signalled by phrases such as in my opinion) rather than a statement of fact, because opinions are not subject to refutation. For criminal slander under Article 128.1, the prosecution must prove the statement was knowingly false, so a speaker who genuinely believed the statement to be true, or who expressed an opinion, generally falls outside the offence. Carter-Ruck notes that appeals or complaints made to the authorities to protect one's rights are exempt from Article 152 liability.

What remedies, damages, and limitation periods apply?

Civil remedies aim to restore reputation. A court can order a refutation, the publication of the claimant's response, removal of the defamatory passages, and compensation for moral harm, which courts presume where honour, dignity, or reputation is damaged. Reported awards are often modest, frequently a few thousand euros, with higher sums in exceptional cases; legal entities can protect business reputation but generally cannot recover moral-harm compensation. On limitation, claims to protect intangible personal assets such as honour and dignity are generally not subject to the ordinary limitation period, although a one-year period can apply to refutation claims against the mass media. For criminal slander, the limitation period reflects the offence's gravity classification, commonly two years for the basic offence.

How is online defamation treated, and how do you bring a claim?

Online statements are treated like any other publication. A defamatory post, review, or comment can found a civil claim under Article 152 or a criminal complaint under Article 128.1, and the 2021 expansion expressly captured slander committed on the Internet. Access to websites hosting defamatory material can be restricted through the regulator Roskomnadzor. Civil claims are filed in the ordinary courts for individuals, or the commercial (arbitrazh) courts for business-reputation disputes between legal entities, and Russia does not use juries for these claims. A criminal slander complaint is brought against an individual, with the prosecution proving knowing falsity. This is general information about Russian law, not legal advice for any specific dispute.

Frequently Asked Questions

Is defamation a crime in Russia?

Yes. Slander is a criminal offence under Article 128.1 of the Criminal Code. It was decriminalised briefly in late 2011 but re-criminalised in 2012, and expanded in 2021 to cover online slander and defamation against groups, including individually undefined persons. Defamation is also a civil wrong under Article 152 of the Civil Code.

Did Russia really decriminalise defamation and then bring it back?

Yes. Amendments in late 2011 removed criminal slander and insult from the Criminal Code. Less than a year later, in July 2012, a new Article 128.1 reintroduced slander as a crime, structured mainly around fines, and later amendments in 2020 to 2021 broadened it.

What is the difference between civil and criminal defamation in Russia?

Civil defamation under Article 152 of the Civil Code lets a person or company sue for a refutation and compensation, with the defendant bearing the burden of proving truth. Criminal slander under Article 128.1 requires the prosecution to prove the speaker knowingly spread false information, and it can carry fines, community service, or imprisonment.

How much can you sue for defamation in Russia?

Civil courts can order a refutation, a published response, removal of the content, and compensation for moral harm. Reported moral-harm awards are often modest, frequently a few thousand euros, with higher sums in exceptional cases. Legal entities can protect business reputation but generally cannot claim moral-harm compensation.

What are the criminal penalties for slander in Russia?

Under Article 128.1, basic slander carries a fine of up to 500,000 roubles or community service. Public, media, or online slander can carry a fine of up to 1 million roubles or up to two years' imprisonment, and slander with a false accusation of a grave crime can carry a fine of up to 5 million roubles or up to five years' imprisonment.

Is truth a defence to defamation in Russia?

Yes. In a civil claim under Article 152, proving the statement is true defeats the claim, and the defendant carries that burden once dissemination is shown. For criminal slander, the statement must be knowingly false, so a genuinely held belief in its truth, or a clear expression of opinion, generally falls outside the offence.

How is online defamation handled in Russia?

Online posts are treated like any other publication. They can support a civil claim under Article 152 or a criminal complaint under Article 128.1, which was expressly extended to Internet slander in 2021. Access to websites carrying defamatory material can be blocked through the regulator Roskomnadzor.

What is the time limit to bring a defamation claim in Russia?

Claims to protect intangible personal assets such as honour and dignity are generally not subject to the ordinary limitation period, although a one-year period can apply to refutation claims against the mass media. For criminal slander, the limitation period reflects the offence's gravity classification, commonly two years for the basic offence.