Insulting and Humiliating the Honour and Dignity of a Service Member: Legal Assistance

An offensive video about a service member was disseminated, they were accused of misappropriating aid, or their family was threatened. It is necessary to preserve the evidence and determine the objective of the protection: stopping dissemination, obtaining a retraction, seeking compensation or initiating an investigation. A lawyer will assess the statements and select the appropriate legal route based on the circumstances.

When is a lawyer needed to protect a service member’s honour?

Legal assistance may be required, in particular, in the following situations:

• A service member is publicly humiliated or accused of specific unlawful conduct.
• Threats of murder, violence or damage to property are made against the service member or their close relatives.
• Other users repost the material, and deleting the original does not stop its dissemination.
• The publication has caused conflicts or other consequences that need to be evidenced.

Humiliation of a service member’s honour and dignity may occur both in person and in correspondence. For a civil-law retraction claim, it is necessary to prove that false information was communicated to at least one other person. If there is an immediate danger, contact the police.

What liability applies for insulting the honour and dignity of a service member?

An insult to the honour and dignity of a service member may fall within Article 435-1 of the Criminal Code of Ukraine. It covers insults and specified threats directed at a service member who is carrying out measures for the defence, repulsion and deterrence of Russian aggression, their close relatives or family members, as well as the production and dissemination of relevant materials. The person’s status, circumstances of service and the substance of the conduct must be assessed: not every harsh statement constitutes a criminal offence. Article 435-1 of the Criminal Code of Ukraine

A veteran’s certificate by itself does not prove all conditions required under Article 435-1. Civil-law remedies remain available: retraction of false statements of fact under Article 277 of the Civil Code of Ukraine and protection of honour and dignity under Article 297. Opinions and criticism are assessed separately.

Article 30 of the Law of Ukraine “On Information” allows for compensation for non-pecuniary damage where an opinion is expressed in a грубій, humiliating or indecent form. Context and evidence of harm are important. Law of Ukraine “On Information”

How to preserve evidence of insults against a service member

Preserve the full material before contacting the author. For an oral conflict, the exact words, time, place, witnesses and recordings are important. A cropped screenshot may fail to show the author or the intended recipient.

For an initial assessment, the lawyer will need:

• Links, screenshots, audio or video showing the time of the disputed statements; original unedited files.
• Information about the author, witnesses and repeated publications, where known.
• Documents confirming status and circumstances of service to the necessary extent; evidence showing that the allegations are false.
• Evidence of consequences, previous complaints, responses and information about any proceedings already opened.

In civil proceedings, 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

Why expert analysis of offensive statements may be needed

Linguistic analysis helps determine the form of the statements and identify humiliating linguistic devices. In a Prikhodko & Partners case involving a veteran, we used expert analysis of the allegations. The expert analyses the linguistic content; the legal assessment is made by the court. The need for expert analysis is determined after reviewing the materials.

What is included in legal assistance for a service member?

The scope of work is agreed according to the objective of the protection:

• Assessment of the disputed phrases, evidence, authorship and potential civil and criminal grounds.
• Preparation of a pre-trial demand seeking removal of materials, cessation of dissemination and retraction of false statements of fact.
• Preparation of a criminal complaint and representation of the victim where sufficient grounds exist.
• Preparation of a claim, evidentiary applications, questions for an expert and substantiation of claims for damages.

At Prikhodko & Partners, we have prepared pre-trial demands concerning posts and comments in order to achieve voluntary cessation of violations. Where threats or indications of a criminal offence are present, contacting law enforcement authorities should not be postponed until the author responds.

We verify whether an investigation has actually commenced: registration of a complaint is not the same as entering information into the Unified Register of Pre-Trial Investigations. Failure to make such an entry may be challenged before an investigating judge. Articles 214 and 303 of the Criminal Procedure Code of Ukraine

Deleting the original does not remove copies. Criminal proceedings do not automatically provide compensation: the legal grounds, consequences and amount must be substantiated. The method of retraction and the addressee of the demands are determined separately.

How we provide assistance to a service member

1. Analysis of the situation. We clarify the status, author, dissemination and purpose of the request. We explain the possible claims and scope of work.
2. Work with evidence. We determine what should be preserved or obtained, and whether witnesses, expert analysis or measures to preserve evidence are required.
3. Preparation of submissions. We prepare a pre-trial demand, criminal complaint or claim and agree the requested remedies.
4. Representation. We support the agreed procedural actions, respond to objections and keep the client informed about the progress of the case.

Advantages of contacting our lawyers

• Experience in protecting reputation on social media, including cases involving a veteran and a blogger on Threads.
• Analysis of the full context and individual statements in order to formulate specific claims.
• Experience in preparing pre-trial demands and using linguistic expert analysis.
• Agreed scope of assistance: pre-trial demand, complaint or court representation.

For a consultation, send us the material and briefly describe the circumstances. We will determine the necessary evidence and initial steps.