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Responsibility for humiliation of honor and dignity

Responsibility for humiliation of honor and dignity

In the modern world, the issue of accountability for the infringement of the honor and dignity of individuals is quite common. Ukrainian legislation states that every citizen has the right to respect for their honor and dignity, as enshrined in the Constitution of Ukraine.

However, not every Ukrainian citizen knows how to hold the guilty parties accountable and protect their legal rights. This highlights the relevance of the topic today. Therefore, in this article, we will discuss the existing responsibility for the infringement of the honor and dignity of individuals.

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What is the concept of honor and dignity of an individual?

Current Ukrainian legal norms do not contain specific definitions of honor and dignity of an individual, as these are essentially evaluative categories from the perspective of societal moral norms.

However, we will still attempt to define these concepts.

Thus, dignity of an individual should be understood as the recognition of their unique value among other citizens in the country and the manifestation of respect for their individuality.

Honor of an individual should be understood as the moral and ethical qualities of a citizen, which manifest in adhering to one's own words, responsible behavior, and the ability to uphold one's beliefs and values. Honor is also associated with an individual's awareness of their own significance in a specific society and the recognition of this significance by others.

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What is the responsibility for the infringement of honor and dignity in Ukraine?

From the analysis of Articles 94 and 277 of the Civil Code of Ukraine, it can be concluded that an individual whose personal non-property rights have been violated due to the infringement of their honor and dignity through the dissemination of false information can respond to or refute this information.

False information is considered to be information that does not correspond to actual facts and circumstances, but rather distorts them, thus creating false data.

It will also be useful: COMPENSATION FOR MORAL DAMAGE

Therefore, an individual can protect their honor and dignity in the following ways:

  • Non-material means of protecting one's legal rights - This includes refuting false information and the possibility of providing a response. That is, a person whose honor and dignity have been violated due to the publication of false information usually approaches the source of such data with a demand to refute the false information (in most cases, along with the refutation, an apology from the violator is published);
  • Material means of protecting one's legal rights - Obtaining compensation for the material damage and moral harm caused by the infringement of an individual's honor and dignity.

Thus, responsibility for the infringement of a citizen’s honor and dignity in Ukraine involves filing a lawsuit with the judicial authorities to refute false information and seek compensation for damages or moral harm. This is a type of civil liability.

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If your honor and dignity have been violated and you want to protect them, please contact the "Prikhodko and Partners" law firm.

The lawyers at our firm are well-versed in the issues related to this matter and can provide clients with proper legal support at all stages of protecting an individual’s honor and dignity. Don't hesitate and come to us for a consultation!

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Do you believe that your reputation has been damaged?

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Have you found or seen inaccurate information about yourself (or your company)?

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Do you want to recover money for damage to your reputation?

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What constitutes an attack on honour and dignity?

It refers to the dissemination of statements or material that demeans a person in the eyes of others or undermines respect for them. For the purposes of legal protection, it is important to assess exactly what was disseminated, whether the publication contains specific allegations, who authored it, and to whom it was made available.

The right to privacy may also be infringed separately — for example, if personal data, correspondence, photographs or videos have been made public without proper grounds.

Can one take legal action for defamation or libel?

Yes, but the prospects of the case depend on the content of the publication. If false information has been disseminated and presented as fact, claims may be made for a retraction, for the dissemination to cease, and for compensation for damages.

At the same time, criticism or a subjective opinion does not always constitute grounds for a retraction. Therefore, before taking legal action, it is important to assess the wording, the context of the publication, the manner in which it was disseminated, and the available evidence.

Is it possible to have information removed without going to court?

Yes, in many cases this is possible. If the information is posted on websites, in the media or on social media, you can start by sending legal notices, making formal requests or entering into negotiations with the owner of the platform. This often allows you to achieve a result more quickly than through the courts. However, the effectiveness of this approach depends on the content of the information and the other party’s willingness to cooperate.

What is the case law on cases concerning the protection of honour and dignity?

In such disputes, the Supreme Court first and foremost distinguishes between specific factual assertions and value judgements. If the information can be verified and is untrue, a claim may be made for its retraction, removal or cessation of dissemination.

For example, the courts do not consider a mere subjective opinion or emotional assessment to be grounds for retraction. At the same time, a request to remove a publication from the internet may be an appropriate remedy if it infringes personal non-property rights.

The court cannot compel the other party to apologise publicly, but it may apply other remedies: retraction of inaccurate information, cessation of its dissemination, removal of the material, or compensation for damages.

Is it possible to obtain compensation for damage to one’s reputation?

Yes, the law provides for the possibility of compensation for non-pecuniary damage and, in certain cases, for pecuniary loss. The amount of compensation depends on the nature of the infringement, its consequences for the person’s life or activities, and the available evidence. The court assesses each situation on a case-by-case basis.

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