Kazakhstanis ordered to pay 600,000 tenge over insulting “personal opinion” posts

Tengrinews.kz - Publishing someone’s photo without their consent and making insulting statements on social media can be grounds for legal action. The Supreme Court has highlighted two cases in which Instagram posts and WhatsApp messages resulted in compensation for moral damages.
“It was just a personal opinion”
A resident of Ust-Kamenogorsk found Instagram posts featuring her photograph. Two users accompanied the image with obscene language and statements that, according to the court, implied immoral behavior and “self-serving schemes involving clients.”
The authors of the posts tried to justify their statements by saying they were merely expressing their “personal opinion.” However, the court rejected this argument.
As the Supreme Court noted, specific accusations against a person must be supported by evidence. The defendants failed to provide such evidence. In addition, posting the photograph without consent also had legal consequences.
The court ordered the posts to be deleted and a retraction to be published. Each of the two defendants was ordered to pay 300,000 tenge in compensation for moral damages, as well as court costs.
The appellate and cassation courts upheld the ruling.
WhatsApp screenshots accepted as evidence
Another case was heard by the Shu District Court in the Zhambyl Region under extraterritorial jurisdiction. The hearing was held online.
After a residents’ meeting, a woman from Astana discovered her photograph in two WhatsApp group chats with around 1,500 members in total. The court accepted screenshots from the messenger as electronic evidence. It also found that posting a person’s photo in a large group chat without consent violated that person’s rights.
However, the request to delete the messages was not granted. The court noted that after a certain period of time, it is technically impossible to ensure that messages are deleted from all participants’ devices.
Two neighbors were ordered to pay the plaintiff 20,000 tenge each in compensation for moral damages. The claim against a third defendant was dismissed because their involvement was not proven.
The Zhambyl Regional Court upheld the decision.
What to keep in mind when posting on social media

“Thus, expressing a personal opinion on social media does not exempt a person from liability if it contains specific accusations against someone that are not supported by facts. Anyone publishing such information must be prepared to prove its accuracy in court,” the Supreme Court warned.

Posting someone else’s photo without consent may also have legal consequences, including when the image is shared in group chats or stories.
Court practice shows that screenshots of conversations and other screen captures may be used as electronic evidence in such disputes.