Refuting false information in court

The development of information technologies has opened up wide opportunities for consumers of services. However, along with this, the negative side of the “dominance” of the Internet has also appeared – its use for the purpose of spreading unreliable information.

Spreaders of “fake” information, gossip and slander often hope for impunity, neglecting the principles of healthy competition. However, the law is not on their side. Part one of Article 15 of the Civil Code of Ukraine enshrines the right of every person to protect violated civil rights. Both individuals and bodies authorized to protect the interests of the state, as well as private individuals, have the right to apply to court to refute unreliable information.

Who has the right to file a lawsuit to refute inaccurate information?

Claims for the protection of business reputation, honor and dignity may be filed by:

• Individuals, if false information has been disseminated about them that violates their non-property rights
• Interested persons (e.g. relatives), if the disseminated false information also violates their personal non-property rights
• Legal entities, if the disseminated information harms their business reputation

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Features of determining the defendant

When filing a lawsuit to protect honor, dignity, and business reputation, it is important to correctly identify the defendant. In the case of dissemination of false information through the media, it is necessary to find out:

• Is the editorial office a legal entity
• Is it a structural unit of a legal entity

If the editorial office is a structural unit, the defendant is the founder of the media outlet.

Duties of the defendant

According to Clause 2, Part 3, Article 25 of the Law of Ukraine “On Printed Media (Press) in Ukraine”, a journalist is obliged to submit objective and reliable information for publication. If the editorial office cannot provide evidence of the reliability of the published information, it must:

• Publish a refutation at the request of the applicant (in accordance with Part 2 of Article 37 of this Law)
• Delete inaccurate information
• In the event of a court proceeding, provide evidence of the accuracy of the published information

It is important to note that the responsibility for verifying the accuracy of the information lies solely with the defendant.

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Business Reputation Protection: Typical Violations and Countermeasures

The following methods of spreading negative information about a company are often encountered within the framework of unfair competition:

• Discrediting the owner or management of the company
• Distributing false information about products or services
• Distributing false information about company personnel
• Manipulating financial indicators

Despite insufficient legislative regulation of business reputation protection issues in Ukraine, companies have effective mechanisms for judicial protection of their rights.

Practical tips for refuting false information in court

Preparation for the trial

1. Collection and recording of evidence:
   • Storing copies of publications and posts
   • Notarization of Internet pages
   • Collecting evidence of negative impact on reputation
2. Preparation of the evidence base:
   • Documentary evidence of the use of business reputation
   • Evidence of a causal link between the dissemination of information and losses
   • Testimony of counterparties about the impact of information on business relations
3. Formation of a statement of claim:
   • Clear formulation of requirements
   • Detailed description of violations
   • Justification of the amount of damages

Key aspects of proving in court

In court it is necessary to prove:

1. The fact of using business reputation in the company’s activities
2. The fact of spreading false information
3. Direct connection between the spread of information and the damage caused
4. The amount of damage caused (if there are material claims)

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Additional recommendations

• Involving the media in covering the case can strengthen the company’s position
• It is important to keep all evidence of the appearance of false information, as it can be deleted
• It is recommended to keep a log of all cases of the negative impact of false information on the business
• It is advisable to involve experts to assess the damage caused

Each individual or legal entity independently decides on the need to protect their honor, dignity or business reputation in court. For maximum effectiveness of protection, it is recommended to contact a qualified lawyer who will not only prepare the necessary documents, but also help develop a comprehensive strategy for protecting violated rights.

If you need to refute false information about yourself or your company in court, fill out the form below. Experienced lawyers of the Law Firm “Prykhodko and Partners” will be able to protect your honor and dignity.