Refuting false information in court

The author refused to correct the post, while the false allegations continue to spread. To obtain a court-ordered retraction, it is necessary to prove the violation, identify the defendants and formulate remedies that can actually be enforced. A lawyer can help prepare the evidence, the claim and the method of retraction.

When can you apply to court for the retraction of information?

A retraction requires:

• The information was communicated to at least one other person in a post, video, letter or by another means.
• The statement concerns the claimant specifically: this is apparent from the name, company name, photograph or other identifying features.
• The disputed information consists of false factual statements that can be verified.
• The dissemination infringes personal non-property rights, including by harming honour, dignity or reputation.

Article 277 of the Civil Code of Ukraine provides for the retraction of false information. Opinions and value judgements are not retracted as false facts. If the material contains both types of statements, we identify the specific disputed assertions. A demand to declare the entire publication false may prove to be unfounded. Civil Code of Ukraine

A pre-trial demand is generally not a mandatory prerequisite for filing a claim. It may help, but it should not result in the loss of evidence or expiry of the applicable limitation period. The author’s refusal to delete a post does not by itself prove that the claim has good prospects.

Who should be named as defendant in a retraction claim?

For media publications, we examine the author, publisher and other proper parties; for a website, the author and owner of the resource; for social media, the author and ownership of the account. A username is not always sufficient to identify the defendant.

Where the disseminator cannot be reliably identified, it may be possible to seek establishment of the falsity of the information in separate proceedings. In Case No. 504/4099/16-c, the Supreme Court confirmed that this route is also available to a legal entity. This procedure does not automatically allow compensation to be recovered from an anonymous account. Position of the Supreme Court

The choice of court depends on the parties, the nature of the dispute and procedural rules. An error regarding the defendant or jurisdiction may delay protection. For retractions in the media, Article 258 of the Civil Code of Ukraine provides for a special one-year limitation period; the starting point and calculation of that period are assessed individually.

What evidence is needed for a court-ordered retraction?

Before preparing the claim, collect materials that confirm the content, dissemination and falsity of the information:

• Complete publications, links, dates, screenshots, original audio or video files and the timing of disputed fragments.
• Information about the author and owner of the resource, and evidence linking the account to the relevant person.
• Agreements, payments, decisions, correspondence or other documents disproving specific statements.
• Pre-trial demands, responses, information about reposts and evidence of damage where compensation is claimed.

If the authenticity of an electronic copy is disputed, the original or another form of verification may be required. The court may inspect a webpage; where there is a risk that the material will be lost, we consider measures to preserve evidence. Articles 85, 100 and 116 of the Civil Procedure Code of Ukraine

When protecting a blogger on Threads, we analysed the allegations together with the posts and comments. The court must understand who communicated what, about whom and in what context. A quotation without context may create a misleading impression.

How should claims for retraction be formulated?

The claim must identify the exact phrases, method and addressee of the retraction. Requests for removal, cessation of dissemination and compensation must be substantiated separately. The table shows the purpose of each individual remedy:

A demand to “retract the defamation” does not explain what the future statement should contain. We take into account the format, page and audience of the original publication. Third-party republications are assessed separately.

A court order requiring an apology is not a remedy provided by law. An apology may be agreed voluntarily, but a claim must contain legally appropriate remedies. Supreme Court practice

Is expert analysis required for the claim?

In Prikhodko & Partners cases involving public allegations, we have used expert analyses. They can be useful for insinuations and statements combining factual assertions with value judgements. The expert analyses the linguistic content, not whether the underlying events are true. The court assesses the expert opinion together with the other evidence.

What is included in court protection of reputation?

The service includes:

• Analysis of the materials, limitation periods, jurisdiction, proper defendants and prospects of the claims.
• Preparation of the claim, evidentiary applications and questions for an expert where necessary.
• Substantiation of the method of retraction, claims for damages and legal costs.
• Participation in the proceedings, responses to objections, and agreed steps concerning appeals and enforcement of the judgment.

The lawyers at Prikhodko & Partners have also prepared pre-trial demands concerning posts and comments. If the author does not respond, the court stage is commenced with verified evidence. The claimant must still prove the circumstances of the violation.

The court fee depends on the claims and the applicant’s status; expert analysis and representation may involve separate costs. The court determines allocation of costs under the procedural rules. The amount of non-pecuniary damage must be substantiated rather than selected merely as a means of pressure on the defendant.

How do we support retraction proceedings in court?

1. Assessment. We review the content of the publication, evidence, limitation periods and the proper parties to the dispute.
2. Preparation. We formulate the claims, prepare the evidence and necessary applications.
3. Representation. We support the proceedings, explain the legal position and respond to objections.
4. Decision. We analyse the outcome and agree whether an appeal or enforcement steps are required.

Advantages of legal support

• Experience in analysing public allegations and social media materials.
• Work with context, expert analyses and specific evidence.
• Claims with a clear subject matter and method of retraction.
• Agreement on the scope of representation and costs before the relevant stage begins.

Send us the publication, documents and previous correspondence. We will assess the subject matter of the claim and the evidence required.