In the dispute between Oleg Deripaska and an employee of the escort agency Anastasia Vashakevich, the court took the side of the businessman: publications in the media and social networks telling about their relationship were recognized as a violation of the right to privacy of Mr. Deripaska. The court ordered the Anti-Corruption Foundation (FBK) headed by Alexey Navalny, as well as the resources of Mediason and Znak.com to remove the controversial materials, and the authors of the publications Anastasia Vashakevich (Nastya Rybka) and Alexei Kirillov (Alex Lesli) will have to pay Mr. Deripaska 500,000 . rub.
The Ust-Labinsky court (Krasnodar region) considered the dispute over the suit of Oleg Deripaska: the publication of data on the acquaintance of the businessman with Anastasia Vashakevich (Nastya Rybka) was recognized as a violation of the right to inviolability of his private life. As Kommersant wrote earlier, in February of this year, Oleg Deripaska filed a claim to an escort agency employee Anastasia Vashakevich and her friend Alexei Kirillov who posted a video in social networks where Mr. Deripaska was photographed on the yacht along with Anastasia Vashakevich and Russian Deputy Prime Minister Sergei Prikhodko. The suit was held in closed mode: the plaintiff's representative Alexei Melnikov insisted on this, who explained that he can voice the position only in general terms, so as not to increase the negative resonance from the publications.
"Defendants have not received Oleg Deripaska's consent to publish photographs and information about private life," Melnikov's lawyer told Kommersant. "Publication of photos and videos without consent is possible in three cases: if a person holds public office, if he is posing or if he is on public event. But even if we assume that the consent of the represented person was received, it can be withdrawn at any time. " The lawyer referred to the resolution of the plenum of the Supreme Court of the Russian Federation of June 23, 2015, which indicated that the image of private persons should not be used for commercial purposes or "to satisfy the philistine interest in private life."
The trial was held without the participation of the defendants: Ms. Vashakevich and Mr. Kirillov were detained in Thailand since February 25 - they were detained for illegally organizing the event, which the local police called a sex training. Representatives of the defendants did not attend the meeting either.
According to Aleksei Melnikov, the representative of Mr. Kirillov earlier proposed to conclude an amicable agreement - the defendants agreed to recognize the illegality of their actions if the businessman refuses material claims.
The representative of Oleg Deripaska declined this offer, as a result, the court decided to recover 1 million rubles from Anastasia Vashakevich and Alexei Kirillov. in respect of non-pecuniary damage. The claim of Oleg Deripaska figured figure 2 million rubles. However, the court reduced the amount of compensation.
The court ordered FBK, as well as the media resources of Mediason and Znak.com, to remove the controversial materials (previously the texts were blocked by the order of Roskomnadzor). According to the representative of the plaintiff, there were a number of media outlets that published scandalous information, including the magazines Snob and Maxim, the radio station Ekho Moskvy and the Rain channel, but they removed the publications about Oleg Deripaska voluntarily. FBK, Mediason and Znak.com did not participate in the trial of Oleg Deripaska's suit - the court refused to recognize them as party to the case, but during the preliminary hearings they expressed their position. So, Znak.com representative believes that Mr. Deripaska actually agreed to the publication, because he knew that Anastasia Vashakevich posted a photo with him in Instagram - the businessman himself is the user of this social network. According to lawyer Aleksei Melnikov, his trustee knows that scandalous information, despite all the prohibitive measures, is still available for viewing on a number of resources. "It is possible that we will take additional measures to restrict access to these resources," the lawyer said.