Attorney for the protection of honor, dignity and business reputation

Attorney for the protection of honor, dignity and business reputation

Author

An Iryna

Is it possible to protect yourself from slander on the Internet? who will be the appropriate Defendant in case of negative and unconfirmed information about you, or your company if inaccurate information is disseminated on the Internet?

The ability to protect honor, dignity and business reputation is one of the key features of the rule of law, where human rights are valued above all else.

RESTORATION OF THE VIOLATED RIGHT

It is possible to protect one’s honor, dignity and business reputation, but it is extremely common for inaccurate information to be published in an online publication that positions itself as a media outlet but does not have accreditation, an official legal address, and almost never initials.

In the case of dissemination of inaccurate information on the Internet, let’s say what other website will be responsible for the author of the material or the owner of the site.

If neither the owner nor the author can be identified, it is possible to recognize the information as a legal fact with the provision of relevant evidence in their favor (this may be information that refutes what is stated in the inaccurate material).

WHAT IS NEEDED TO SUBMIT A CLAIM APPLICATION FOR THE PROTECTION OF HONOR, DIGNITY AND/OR BUSINESS REPUTATION IN COURT?

To get started, you need to set the website owner information. It can be obtained by sending a lawyer’s request to the site administrator or a request to the court to request evidence that in accordance with the provisions of the CPC of Ukraine you need to ask the administrator of the registration and registration of domain names and addresses of the Ukrainian segment of the Internet.

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 Plaintiff to obtain information about the owner of the domain name and IP address.

If it is not possible to identify the owner of a website where inaccurate information is disseminated, it is necessary to submit an application for recognition of information as inaccurate according to the rules of separate proceedings.

In this case, it is necessary to provide the court with evidence that the applicant has taken all measures to establish the owner of the website or the author, these may be lawyer’s inquiries that have not been answered, etc.…

Regarding the evidence regarding the dissemination of inaccurate information, there are also certain specific aspects, for example, screenshots from the screen can be used as evidence, which clearly show the Internet resource and the widespread inaccurate information. Currently in Ukraine the authorized entity for the issuance of expert opinions on the results of recording and research of the content of the website on the Internet, which allows to establish the fact of placing content on the Internet at a certain point in time for proof in court is the Association of Ukrainian network information center “.

THE SERVICE FOR THE PROTECTION OF HONOR AND DIGNITY CONSISTS OF THE FOLLOWING STAGES

IF IT IS POSSIBLE TO ESTABLISH THE DEFENDANT:

1. Analysis of disseminated information and assessment of the possibility of its refutation;
2. Collection and analysis of data on the distributor of unreliable information;
3. Assessment of the amount of non-pecuniary damage;
4. Preparation and submission of a statement of claim to the court;
5. Preparation and submission of a petition for securing a claim, which consists in blocking the Internet page containing information that violates the right to inviolability of honor and dignity (additionally);
6. Consideration of a case on protection of honor and dignity or business reputation;
7. Execution of a court decision.

IF IT IS IMPOSSIBLE TO ESTABLISH THE DEFENDANT:

1. Analysis of disseminated information and assessment of the possibility of its refutation;
2. Collection and analysis of data on the distributor of unreliable information;
3. Preparation and submission of an application for invalidation of disseminated information;
4. Preparation and submission of a petition for securing a claim, which consists in blocking the Internet page which contains information that violates the right to inviolability of honor and dignity (additionally);
5. Consideration of a case on protection of honor and dignity or business reputation;
6. Execution of a court decision.

CONCLUSION:

It is possible to protect the violated right to the inviolability of honor, dignity and business reputation in Ukraine, even if the disseminator of such information is unknown. However, this process is quite specific and requires certain resources, time and knowledge, but a good reputation is almost the most important part of any person’s life, here you will be helped by a lawyer to protect honor and dignity.