Liability for Defamation in Ukraine: Legal Provisions and Consequences

Someone has written that you misappropriated money or deceived clients. The post is being shared, while the author calls the accusations a “personal opinion”. It is important to preserve the evidence and formulate your demands correctly. Liability for defamation in Ukraine is primarily pursued through civil-law protection of honour, dignity and business reputation. However, not every offensive comment provides grounds for a retraction.

Is there a specific legal provision on defamation in Ukraine?

There is no separate general offence of defamation in the current Criminal Code of Ukraine. A false post in itself does not mean that criminal liability specifically for defamation arises.

Civil-law protection is provided for by Article 277 of the Civil Code of Ukraine on the retraction of false information, Articles 297 and 299 on honour, dignity and business reputation, and Articles 23 and 280 on compensation for damage. Civil Code of Ukraine

A knowingly false report of a criminal offence to authorised authorities or a court may fall within Article 383 of the Criminal Code of Ukraine. A complainant’s mistake or an unsubstantiated suspicion does not in itself prove that the report was knowingly false. Criminal Code of Ukraine

What must be proved to obtain protection against defamation?

To bring a claim, the circumstances of the violation must be established:

• The information was communicated to at least one other person: in a post, video, comment, chat or during a conversation.
• The statement relates specifically to you. Even without your surname, this may be clear from a photograph, position or description of events.
• The disputed information is untrue and contains factual statements that can be verified.
• The dissemination violates your personal non-property rights, including by harming your honour, dignity or reputation.

How to distinguish defamation from a value judgement

Opinions and evaluations are not retracted as false facts. At the same time, adding the words “in my opinion” does not automatically turn a specific accusation into criticism.

If an opinion is expressed in a грубій, humiliating or indecent form, the law allows for compensation for non-pecuniary damage. However, this does not provide grounds for retracting an opinion as a fact or for automatically awarding compensation. Article 30 of the Law of Ukraine “On Information”

The Supreme Court emphasises that a disputed phrase must be assessed in the context of the publication as a whole. The limits of permissible criticism are broader for public officials and other public figures. However, public status does not deprive a person of the right to protect themselves against false factual allegations. Position of the Supreme Court

For example, in one Prikhodko & Partners case concerning allegations made against a civil servant, we separately analysed criticism of the person’s work and statements alleging specific actions. A demand to retract the entire post could also have covered permissible opinions. It is therefore important to identify exactly which phrases require verification for accuracy.

How to preserve evidence of defamation on social media

Preserve the material before contacting the author: after receiving a demand, they may delete or edit it. Record:

• The full text of the post and comments in context, not merely a cropped offensive phrase.
• The link to the publication and the author’s profile, the publication date and the time when the evidence was recorded.
• Screenshots and a screen recording showing navigation to the publication; retain the original unedited files.
• Video or audio if the allegations were made orally, together with the exact time of the disputed fragment.
• Available information about dissemination and consequences: reposts, views, enquiries from clients and refusals to cooperate.

The authenticity of a screenshot and its connection with the author may be disputed. The court may inspect a webpage; where there is a risk that the material will be lost, measures to preserve evidence may be considered. Articles 85, 100 and 116 of the Civil Procedure Code of Ukraine

A username does not always make it possible to identify the defendant: ownership of the account must be verified.

When protecting a blogger on Threads, we analysed the allegations in the context of the posts and comments. An isolated quotation does not always convey the meaning of the conversation. If other users repeat the allegations, their publications should also be preserved: deleting the original post will not remove all copies.

When is linguistic expert analysis needed?

Expert analysis may be useful for texts containing insinuations, sarcasm and accusations. The expert examines whether the information is expressed as statements of fact, who it concerns and whether it contains humiliating linguistic devices. The full publication is provided to the expert. The expert does not verify whether the events described are true and does not decide the dispute: the court assesses the expert opinion together with the other evidence.

For example, when analysing public allegations against a veteran, we used an expert study. It was required to determine the form of the statements and the linguistic devices used. Depending on their nature, a retraction may be sought or a claim for non-pecuniary damage may be substantiated.

What legal remedies can be sought?

The remedy is selected according to the specific violation. Depending on the circumstances, it may be possible to seek:

• A declaration that specific disseminated information is false and a retraction of that information.
• Removal of the material or cessation of the dissemination of information where there is an appropriate legal basis.
• Compensation for non-pecuniary damage, with an explanation of the consequences and justification of the amount claimed.
• Compensation for proven financial losses and allocation of legal costs in accordance with procedural rules.

There is no fixed tariff “for defamation”. The consequences and the causal link must be demonstrated. For example, a client’s refusal to proceed with a contract must be connected specifically with the publication.

An apology may be agreed voluntarily, but a court order requiring an apology is not a lawful remedy. The Supreme Court confirmed this on 13 March 2024 in Case No. 712/10999/22. Explanation of judicial practice

Can defamation be stopped without going to court?

The process may begin with a lawyer’s pre-trial demand. It specifies the disputed phrases, the grounds on which they are considered false, the addresses of the publications, the method of retraction and the deadline for a response. The author should understand exactly what must be removed or corrected rather than receive an abstract demand to “stop defamation”.

At Prikhodko & Partners, we have prepared such demands concerning posts and comments: we required the dissemination of false information to cease, the materials to be removed and a retraction to be published. Whether this is sufficient depends on the author’s response. If they refuse, the appropriateness of bringing a claim should be assessed.

Do you need assistance with protection against defamation? Send us the disputed material and briefly describe the circumstances. A lawyer will analyse the statements, evidence and possible legal remedies.