Protection of Business Reputation
The “First Legal” Law Firm is one of the leading firms specializing in providing comprehensive legal services in all aspects of entrepreneurial activity since 2008.
The rapid development of information technology makes it possible to easily disseminate false information about an enterprise or an individual entrepreneur worldwide, which can lead to unlawful abuse of this opportunity.
In most cases, the only way to protect one’s business reputation is to seek judicial protection. The main legislative acts regulating legal relations in defamation disputes concerning the protection of business reputation are the Constitution of Ukraine, the Civil Code of Ukraine (Articles 94 and 299), as well as the relevant provisions of Ukraine’s Laws “On Printed Mass Media (Press) in Ukraine”, “On Information”, other legal acts, and the Convention for the Protection of Human Rights and Fundamental Freedoms, along with judicial precedents (case law) of the European Court of Human Rights.
In such disputes, it is important to correctly determine the proper parties, both the plaintiff and the defendant, because claimants often make mistakes regarding these aspects. For example, in situations where the disseminated information is provided by an official or a civil servant, it is necessary to clarify on whose behalf this person is acting and who is the proper defendant (and whether that is the only one) if the challenged information is disseminated on the Internet or in the media.
The correct analysis of the legal facts of the offense and the choice of defendant also affect the correct choice of the court’s jurisdiction in which to file the claim either a commercial court under commercial procedure or a general court under civil procedure rules.
It often becomes necessary to correctly classify the information that damages the business reputation whether this information constitutes a value judgment or factual statements since distinguishing between value judgments and statements of fact is one of the main evidentiary requirements in cases concerning the protection of business reputation. A thorough analysis is also required to determine whether the legal elements of an offense are present or absent, as they serve as the foundation for upholding the claim.
Another crucial question is the choice of remedy for the violated right, which belongs to the plaintiff. A person whose right is violated may select either a general or a special remedy determined by law regulating specific civil legal relations (for example, exercising the right to respond, to refute false information, to prohibit its further dissemination, etc.).
Quite often, merely refuting false information is not sufficient to protect one’s rights, so filing a claim for compensation for moral damages is an additional measure of liability and a guaranteed right for protecting one’s interests in accordance with Article 23 of the Civil Code of Ukraine. Moreover, even if a subjective opinion expressed as a value judgment is conveyed in a rude, insulting, or obscene manner that undermines business reputation, the defendant may be held liable for compensating moral damages.
By contacting the “First Legal” Law Firm, you will:
- Receive high level qualified legal assistance;
- Save time and avoid unnecessary stress;
- Obtain accurate information regarding the likelihood of resolving the dispute favorably in court;
- Have professional legal aid from the attorneys of the “First Legal” Law Firm both in drafting the statement of claim and representing your interests during court hearings;
- Receive support in subsequent actions for enforcing the court’s decision.
The highly qualified specialists of our law firm “First Legal” will quickly and professionally help you understand all the nuances of a potential dispute regarding business reputation protection, assess its prospects in court, and prepare all the necessary documents to file a lawsuit.