Judicial protection of business reputation and refutation of false information
The importance of business reputation in the modern world. In the dynamic world of business and public relations, business reputation is one of the most valuable intangible assets. Its strength depends on the trust of partners, clients, and investors. The dissemination of false information can not only cause significant financial damage but also destroy an image built over many years. That is why judicial protection of business reputation and the possibility of refuting false information are critically important tools for any individual or company. Legal nature of business reputation protection in Ukraine. The legislation of Ukraine, in particular the Civil Code of Ukraine (Articles 277, 299), guarantees the right to the inviolability of business reputation and the possibility of its judicial protection. It is important to understand that the subject of judicial protection can only be false information (facts) that demean honor, dignity, or business reputation.The practice of the Supreme Court in these categories of cases clearly distinguishes:Factual statements: Information that can be verified for truthfulness. It is precisely these that can be subject to refutation.Evaluative judgments (opinions, views, critical remarks): Are not subject to judicial protection, as they are the exercise of the constitutional right to freedom of thought and speech, and their truthfulness cannot be proven or refuted. The exception is when evaluative judgments are expressed in a rude, demeaning, or indecent form.The Supreme Court also emphasizes that the refutation of false information is carried out regardless of the fault of the person who disseminated it, and in the same way it was disseminated. It is important to remember that a forced apology is not provided for by law as a method of judicial protection.
Who can Demand protection and what can be refuted? A claim for the protection of business reputation can be filed by:● An individual if the disseminated information violates their personal non-property rights.● A legal entity if false information harms its reputation.
What can be refuted:● False facts that have been disseminated about an individual or legal entity.● Information that demeans honor, dignity, or business reputation.Important: refutation of suspicions of a criminal offense or evidence in criminal proceedings is not subject to civil court review. When is an experienced lawyer needed? Protecting business reputation requires deep knowledge in civil, procedural, and information law. The situation becomes especially complex when false information is disseminated on the Internet, where proving it requires specialized knowledge of electronic evidence. An experienced business reputation lawyer will help to: Correctly qualify the disseminated information (fact or evaluative judgment). Collect proper and admissible evidence of the dissemination of false information.Identify the defendant and the correct method of protection.Build an effective legal position. What legal assistance do we provide? We provide comprehensive legal support in cases involving the protection of business reputation and refutation of false information, which includes: ● Initial legal consultation and situation analysis.● Collection of evidence, recording facts of false information dissemination (especially on the Internet).● Pre-trial dispute resolution: sending demands for refutation, conducting negotiations.● Development of a litigation strategy and preparation of a statement of claim.● Representation of client interests in courts of all instances.● Recovery of moral and material damages caused by the dissemination of false information.● Support for the enforcement of court decisions on refutation.
Get professional protection for your reputation today! If your business reputation is at risk, or you have encountered false information that causes harm, don't delay. Our team of experienced lawyers is ready to provide you with qualified legal assistance and develop an individual protection strategy.Contact us for a confidential consultation and protect your interests in court.