Court has recovered KZT 20000000 from journalist Guzyal Baidalinova
The charges originated from letter "New tiresome steps of Kazkommertsbank" by a reader which was published on October 15, 2014. In April, 2015 representatives of Kazkommertsbank have filed a suit against journalists; they demanded to remove a letter from website and recover KZT25000000 (1USD=185.95) as moral damage compensation for impairment of business reputation. The serious dispute took a place during trial on June 19, 2015. It was connected with status of information which was published in material. Is it opinion or information? The matter is principal, because opinions, conjectures, estimations are impossible
to check for accuracy, they are not under jurisdiction, accuracy of information in other words statements of facts, it is necessary to establish to satisfaction of court. The representative of defendant Sergei Utkin convinced opponent and judge, that the whole artcle was written in presumable form quoted phrases. "We inform at once, that we can not take under control this story, but think, that it should be published. Law-enforcement agencies have to control its accuracy, but not journalists. If we admit, that this story is truthful. The whole article is a statement. The judge Nurlan Musagaliev has dismissed motion of S. Utkin on conduction of philologic expertise or special study; he said, that court would solve it.
On June 08, 2015 during trial representative of defendant Sergei Utkin attempted to find out concrete reasons of damage from puiblication. The representative of Kazkommertsbank Alipinova had been at a loss to answer and confined herself to general phrase. During trial on June 19, 2015 representative of plaintiff said that amount was calculated, because Kazkommertsbank spent KZT109000000 (1USD=185.95) and provided some contracts of advertising services with different media outlets. Defendants introduced with them, they concluded, that first, these documents had some infractions, second they had been irrelevant to recovered amount KZT25000000 from journalist.
The trial is continued.
On June 19, 2015 at 18.00 p.m. judge N. Musagaliev awarded judgment. The publication "New tiresome steps of Kazkommertsbank" should be removed from website www.nakanune.kz and owner of domain name of the website www.nakanune.kz Guzyal Baidalinova should recover KZT20000000 in favour of "KAZKOMMERTSBANK".
