Business reputation lawyer

Can You Protect Yourself from Defamation on the Internet?

Who will be the appropriate Defendant for negative and unverified information about you or your business if false information is spread online?

The ability to protect one’s honor, dignity, and business reputation is one of the key distinctions of a rule-of-law state, where human rights are valued above all.

RESTORING VIOLATED RIGHTS

Protecting your honor, dignity, and business reputation is possible, but situations often arise where false information is published on an online platform that positions itself as a media outlet but lacks accreditation, an official legal address, and almost never provides the author's initials in the articles.

If false information is spread on the Internet, say, on some other website, the responsible party will be the author of the material or the website owner.

If neither the owner nor the author can be identified, it may be possible to recognize the information as a legal fact by providing relevant evidence in your favor (this could be information that refutes the false content).

WHAT IS NEEDED TO FILE A LAWSUIT FOR PROTECTION OF HONOR, DIGNITY, AND/OR BUSINESS REPUTATION IN COURT?

First, you need to obtain information about the website owner. This can be done by sending a relevant attorney’s request to the website administrator or by filing a petition with the court for the collection of evidence, in accordance with the provisions of the Civil Procedure Code of Ukraine. You should inquire with the domain name and address registration system for the Ukrainian segment of the Internet.

Currently, the organization that can provide the necessary data about the website owner for court purposes is the “Ukrainian Network Information Center”. Additionally, one of the main methods of obtaining information about the website owner is the so-called “Whois service,” which allows the plaintiff to obtain information about the domain name owner and IP address.

If it is impossible to identify the website owner where false information is spread, it is necessary to file a statement to recognize the information as false according to the special proceedings rules.

In this case, you need to provide evidence that the applicant has taken all measures to identify the website owner or author, such as attorney requests to which there were no responses, etc.

Regarding the proof of false information spread, there are specific aspects to consider, such as using screenshots that clearly show the online resource and the false information spread. Currently, in Ukraine, the competent authority for issuing expert opinions based on the results of page content fixation and examination on the Internet, which allows establishing the fact of content placement on the Internet at a specific moment for court evidence, is the “Ukrainian Network Information Center”.

THE SERVICE FOR PROTECTING HONOR AND DIGNITY CONSISTS OF THE FOLLOWING STEPS

If it is possible to identify the defendant:

• Analysis of the spread information and evaluation of its refutation possibility;
• Collection and analysis of data about the distributor of false information;
• Assessment of the amount of moral damage caused;
• Preparation and filing of a lawsuit in court;
• Preparation and filing of a petition for securing the claim, which involves blocking the web page containing information that violates the right to inviolability of honor and dignity (additional)
• Consideration of the case for protection of honor and dignity or business reputation;
• Execution of the court decision.

If it is impossible to identify the defendant:

• Analysis of the spread information and evaluation of its refutation possibility;
• Collection and analysis of data about the distributor of false information;
• Preparation and filing of a statement to recognize the spread information as false;
• Preparation and filing of a petition for securing the claim, which involves blocking the web page containing information that violates the right to inviolability of honor and dignity (additional)
• Consideration of the case for protection of honor and dignity or business reputation;
• Execution of the court decision.

Protecting the violated right to inviolability of honor, dignity, and business reputation in Ukraine is possible, even if the information distributor is unknown. However, this process is quite specific and requires certain resources, time, and knowledge, but a good reputation is arguably one of the most important aspects of any person’s life; here, a lawyer specializing in honor and dignity protection can assist you.

How We Will Work

Step 1: Contact Us. To start, you just need to fill out the form on our website or give us a call. We will get in touch with you immediately to clarify the details.

Step 2: Get a Consultation. After the initial contact, we will schedule a convenient time for a consultation. The consultation will continue until all your questions are answered. During it, you will be able to describe your situation, and we will provide you with an initial case assessment and the prospects for its fastest resolution.

Step 3: Strategy Development. Based on the information provided, we will develop an individual plan that takes into account all the specifics of your case. You will learn about the specific steps we will take to ensure the desired result and a successful outcome in court.

Step 4: Legal Support. After the strategy is approved, we begin working. Our lawyers handle your case from start to finish, ensuring the protection of your interests at every stage—from document preparation to court representation.

Step 5: Achieving Results. Upon completing the case, you will receive a detailed report of the work done and, most importantly, the resolution of your problem. We will support you until you get the desired result and all issues are resolved.

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