Freedom of speech sometimes can come at a price, especially in Russia where journalists have slowly turned the tables on truth. Federal TV channels and stations would favor stories that coincided with the political party and would twist quotes out of context, make wrongful generalizations and voice biased, unverified facts.
It didn’t take long before journalists were reporting outright lies as the truth.
This was the reality that brought founder and president of Russian America Inc., Yury Mosha, to face slander and defamation. In a popular talk-show, “Broom”, on the famous NTV channel, Mosha was called a fraudster and a criminal. The reporters shared a false story, calling Mosha a defendant in a criminal case involving a bribe of 20 million rubles that led him to flee to America in order to avoid prison.
The truth? Mosha was only a suspect in the case and the prosecutor’s office quickly dropped him as such when failing to prove his involvement in any law violations. The case has been closed for years, but in 2012, the “Broom” decided to play the role of a court and announced Mosha to be a businessman turned criminal. They slandered his name, his company and made it seem like he was fleeing a true prison sentence.
Yury Mosha and his family were shocked— he was not only just a suspect in that case but also the case never went through. Moreover, he himself had written a statement of extortion to the Economic Crime Department in Russia. There was even tangible evidence in the form of video footage of another official being caught red-handed in a transfer of money. Yet, NTV published this broadcast and even had their American station— NTV-America— pick it up in the United States. Living in the United States now, Mosha was worried about his reputation and his business. Slander could affect his career and most importantly, his family.
It was then that Mosha decided to file a lawsuit to protect his honor and dignity in the United States. He didn’t appeal to Russia’s judicial system knowing there was little hope in fighting a news channel that supported the party.
Appealing to the United States court wasn’t easy to do. According to US law, you cannot just send a notice to the defendant by registered mail. It must either be given in person in the presence of a witnesses or sent through an authorized intermediary. Yury Mosha did his research and found a company that provides the service and they worked together to navigate the Russian addresses required. They were able to find a witness, however, who delivers packages to the main office of NTV and he certified his testimony at the US consulate under the proper procedure.
NTV could not ignore the lawsuit, because if its representatives had not come to court, then, according to American law, a positive decision in favor of the plaintiff would have been made automatically. Additionally, Mosha had claimed the amount of one million dollars as compensation for non-pecuniary damage and if he won, the bailiffs could arrest NTV’s American accounts and all its property on US territory.
Of course, NTV did not immediately admit to false advertising and slander. With no way to prove their innocence, the TV company decided to drag out the case for as long as possible, hoping Mosha would surrender first from frustration. US legal services are quite expensive and sadly many plaintiffs like Mosha end up facing that reality. The cost of hiring a lawyer for just one hour, for example, starts at $300. Therefore, NTV generously wrote various petitions, made inquiries, demanded additional evidence and dragged out the process in every way they could. Mosha knew he deserved a victory and so he changed his lawyer to one that was more affordable and moved forward with the case.
Eventually, the Supreme Court of New York County, under Index No. 151416/2013 (“Subject Lawsuit”), sided with Mosha and the NTV television company had to admit to slander. Eugene Piskunov, Director of NTV America, wrote a letter confirming that the “Broom” program released statements that called Mosha a “fugitive from the law,” which were false because no formal accusations were ever made. The letter also admitted the case had been dropped long before the broadcast was made and the show will no longer air on NTV-America.
Whether Mosha was able to be paid for moral damages, the entrepreneur cannot disclose and is kept confidential under judicial law. However, Yury Mosha and his lawyer feel that justice had been restored and hope that journalists think twice before slandering innocent citizens without research and foundation to the story they wish to share.
“To anyone who has suffered against slander or libel, never be afraid to go to court and protect your reputation,” Mosha advises, passionately. “The more we fight against false reporting, the more likely it is that deception for the sake of a good story will cease.”
