Let’s imagine a situation where you learned about the spread of negative information on the Internet about you or your company, even though such information is unreliable. Over time, such comments become more and more and you do not know how to delete them.
First, it is necessary to try to identify the person who writes comments of a negative nature, regarding the options for identification, we wrote in previous articles on a similar topic. However, below we briefly provide similar information.
- One of the first options is to try to identify the author of the comment by sending a lawyer’s request to the site administrator or a request to the court to obtain evidence in accordance with the CPC of Ukraine from the administrator of the registration and registration of domain names and addresses of the Ukrainian segment. Currently, the organization that can provide the necessary information to the court about the owner of the website is the Association of Enterprises “Ukrainian Network Information Center”.
However, one of the main methods of obtaining information about the owner of the website may be the so-called “Whois-service”, which allows the Claimant to obtain information about the owner of the domain name and IP.
Identification of the author of a negative comment on a social network has certain features. That is, the author can be identified only if his profile has a real name and surname. An additional advantage will be the confirmation of the page on the social network (for example, the corresponding mark in the “FACEBOOK”).
- Secondly, you can try to make a written request to the author of the comment, or a publication, if you know the possibility, to remove such comment, as well as leave a complaint in a special section of the social network. However, in practice this gives questionable results, as the disseminator of inaccurate information is largely indifferent to what the person in respect of whom such information is disseminated may require.
The most effective defense option in this case is to go to court. However, again, it all depends on certain key circumstances, such as whether the author has been identified and his whereabouts can be identified, whether moral damage has been caused, or whether there is simply a need to declare the information inaccurate and delete it.
If you intend to recover compensation for non-pecuniary damage, this can only be done if you can identify and identify the distributor of negative information, and accordingly oblige him to remove such information.
Another case when the author of such comments is unknown, it is impossible to establish, the administration of a social network simply does not respond in any way to requests to remove negative content and comments. In this case, you need to contact a specialist (lawyer in the field of honor and dignity), he should prepare a draft statement of claim, help find an expert who will conduct semantic and textual examination (but personally I would advise to do it only if you plan to compensate for moral damage ), apply to the court to establish the legal fact of dissemination of inaccurate information (if the author could not be identified), after receiving a court decision it is necessary to send it with a cover letter to the administration of the social network with a request to remove degrading content. However, there is a practice when the owners of social networks were involved as co-respondents, or as defendants.
It should be noted that this category of cases has certain features and is considered complex cases and may require some time and material costs, so it is better to consult a lawyer who specializes in this area.