Attorney
Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.
REMOVING FALSE REVIEWS FROM THE INTERNET
The Internet today circulates a lot of information of a very different spectrum. It is sometimes difficult to keep track of it, given the large amount of data published daily on a given topic. However, the constitutional principle of freedom of speech and the norms of the Law of Ukraine “On Information” do not mean arbitrariness and the ability to write and say anything about another person if this is not true. If you are faced with a similar problem in your address, in such a situation, the right decision would be to contact a qualified lawyer in order to defend your own honor, dignity and business reputation. Such professionals work in the Prikhodko & Partners Law Office.
Why situations like this shouldn’t be ignored
The reputation of a person or company is its social capital. Sometimes people we don’t know make the first conclusions about us based on what can be found on request. If a person does not manage his own reputation, but allows false information to be written about himself, this creates a certain precedent, gives rise to impunity and promotes arbitrariness towards it.
If, on the contrary, there is a reaction to such cases, they also form a certain reputational ground. But already – a completely different quality. Detractors know that slander will not go unpunished. And the court cases won become an important argument in favor of not reducing new slanders to such a person and understanding that there will be a response.
Is it possible to resolve the issue without a trial?
The team of the law firm “Prikhodko and Partners” offers its clients a fairly flexible approach. We can try the option of pre-trial regulation. In this case, we legally resolve the situation with people who publish false data about you or allow you to post it on their sites. We will acquaint them with the fact that there is an appropriate evidence base, and then inform them about what our next steps will be in court if the information is not deleted.
As practice shows, often this approach works and allows you to achieve the goal if it consists only in deleting information. However, in many cases, our clients have a request to resolve the case in court and not only oblige the offender to delete inaccurate information, but also recover moral damages.
Why is the help of a lawyer so important?
Professional legal assistance becomes a guarantee that you will be able to achieve the desired result in defending your rights and interests. And there are some compelling legal aspects, considering which, it is better to enlist professional support. In particular, it should be mentioned here that in the current legislation there is no exhaustive concept of moral damage. This concept belongs to the category of estimates, so you should be prepared for the fact that the defendant will try to ensure that your moral damage is interpreted as minimal. In turn, we have vast experience in accompanying requests for the protection of honor, dignity and business reputation. Therefore, we know what convincing arguments to oppose in each such case.
If we return to the concept of non-pecuniary damage, then it has different manifestations, mentioned in Article 23 of the current Civil Code of Ukraine. For example, in the context of such a situation, it manifests itself precisely in the humiliation of honor, dignity and business reputation. As for the definition of the degree, it will depend on:
- the nature of the offense;
- the depths of the suffering that a person had to endure;
- worsening of her condition;
- the degree of guilt of the one who is the defendant in the case;
- other circumstances that may be significant in such a situation.
Despite the evaluative nature of the concept of non-pecuniary damage, we know how to achieve a winning court decision and, in the legal field, convincingly punish the offender, slander and spreading false information. We will carefully study all the circumstances of the situation and, on our part, make all the necessary efforts to resolve the situation with the maximum benefit for the client or his company, if we are talking about a legal entity. So do not neglect the opportunity to defend yourself.
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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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