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According to legal terminology, defamation is the violation of knowingly false information that can defame one person or a group of persons. That is, slander is a concept that unites always false facts. As for evaluative judgments, these are only assumptions, the opinions of certain persons. The question arises: is it possible to sue for defamation? Our lawyers Prykhodko and Partners offer to understand this issue in detail.
Legislative framework of the issue
We suggest starting with the legislative framework of the issue. Please note that until 2001, defamation was considered an intentional crime of private prosecution. Although, of course, some exceptions were foreseen. After the new Criminal Code of Ukraine came into effect, the concept of “defamation” was decriminalized.
Currently, Ukraine does not have a list of criminal offenses related to such important terms as the dignity and honor of a person. Thus, the main legal mechanism for protecting business reputation, dignity and honor of a person is not criminal, but civil legal means.
According to statistical data and analysis of court practice in cases related to defamation, the mechanism of compensation for moral damages is minimally effective.
Currently, discussions are ongoing in Ukraine regarding the feasibility of criminalizing insults and slander. The main argument against the introduction of criminal liability for defamation is the possibility of pressure on freedom of speech and expression in Ukraine. In some sections of the Special Part of the Criminal Code of Ukraine, certain elements of defamation, in the presence of a number of aggravating circumstances, are already criminalized.
For example, Article 435-1 of the Criminal Code of Ukraine (part one) specifies criminal liability for defamation, insulting the honor and dignity of military personnel.
Liability for slander
What to do in cases where your honor and dignity have been offended? Of course, you need to seek help from professional lawyers. Specialists Prykhodko and Partners will file an appropriate lawsuit. Article 23 of the Civil Code of Ukraine is aimed at protecting human honor and dignity.
In order to succeed in such cases, it is necessary to provide the court with a good evidence base. For example, testimony of witnesses, screenshots with confirmation of images, etc.
In some cases, information of an offensive and slanderous nature can cause harm to human health. In these cases, it is necessary to consult a doctor, obtain a certificate and add it to the case file. In this case, you can claim damages for moral damage and treatment.
Important: non-pecuniary damage is humiliation or suffering that a person experiences as a result of committing illegal acts. And it’s not just about unpleasant emotions. If there is sufficient evidence, the court can side with the plaintiff and collect compensation for moral damage. Moral damage depends, first of all, on individual and psychological characteristics. This illegal action can bring severe moral suffering.
As for the amount of monetary compensation, it all depends on the following factors:
- The nature of the offense.
- The degree of damage caused to the injured person.
- Available evidence.
Lawyers Prykhodko and Partners will be able to defend your rights and interests. We provide our clients with consultations 24/7. You can even have no doubt that we will be able to achieve the desired result as quickly as possible.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a defamation lawyer’s services, fill out the form below.