EXPERT’S OPINION

Experts’ opinion by Anastasia Ponych, Senior Attorney at ESTER GUARDIANS, LLC

False Information on the Internet: How to Protect Your Reputation and What Steps to Take First.

In today’s digital world, reputation has become one of the most valuable assets for both businesses and individuals. A single social media post, a negative media article, or the spread of false information can impact business relationships, customer trust, professional activities, and personal life.

At the same time, not every criticism constitutes a violation of the law. Ukrainian legislation protects not only honor, dignity, and business reputation, but also every person’s right to freedom of speech. That is why, in such disputes, it is crucial to correctly define the line between permissible criticism and the dissemination of false information.

When can a negative publication serve as grounds for a defense in court?

In practice, we often encounter situations where a person considers any negative comment a violation of their rights. However, from a legal standpoint, it is not the mere fact of a negative statement that matters, but its content.

It is necessary to distinguish between:

factual statements, which can be verified for accuracy;
value judgments that reflect the author’s personal opinion, impression, or subjective assessment.

For example, a statement that a certain doctor lacks education or uses prohibited medications contains specific facts that can be verified and refuted.

On the other hand, statements such as “I didn’t like the treatment” or “I don’t recommend this specialist” are subjective assessments and are generally protected by freedom of speech.

That is why the first step in any such situation should be a legal analysis of the information that has been disseminated.

What needs to be verified before filing a lawsuit?

To successfully defend your honor, dignity, or business reputation, several key facts must be established.

Specifically:

whether the information was actually disseminated;
whether the person who disseminated it can be identified;
whether the information pertains specifically to you;
whether it is untrue;
Did it cause negative consequences for your reputation, business, or personal life?

Only the combination of these factors allows us to conclude that there are legal grounds for protecting your violated rights.

In practice, it is often at this stage that it becomes clear whether the case has real prospects or whether the conflict remains purely emotional.

Why Is It Important to Act Quickly?

One of the most common mistakes is waiting and doing nothing after false information appears. This is especially true for social media and online platforms, where information can be deleted or altered in literally a matter of minutes. Therefore, one of the most important tasks is to properly preserve the evidence.

It is necessary to document:

the content of the post;
the date and time it was posted;
a link to the source;
the method by which the information was disseminated;
the potential audience that may have seen it.

In many cases, it is precisely well-documented evidence that determines the future success of a case. What remedies are available today? Ukrainian law provides for a wide range of mechanisms to protect honor, dignity, and business reputation.

Depending on the specific situation, a person may demand:

retraction of false information;
removal of information from the Internet;
cessation of its further dissemination;
compensation for property damage;
compensation for emotional distress;
exercise of the right of reply.

It is important to note that modern judicial practice increasingly recognizes the removal of false information from the Internet as an effective means of protection, which is particularly relevant given the rapid development of digital platforms and social media.

Specifics of Protecting a Business’s Reputation

For companies and entrepreneurs, the issue of business reputation often has not only a non-pecuniary but also a direct financial dimension.

Negative information can lead to:

loss of customers;
counterparties refusing to cooperate;
deterioration of business relationships;
loss of investment opportunities.

That is why it is particularly important for businesses not only to respond to the dissemination of false information but also to document the consequences of such dissemination. Correspondence with counterparties, notices of termination of cooperation, or other evidence of negative consequences can serve as important evidence in court.

Practical Conclusion

Defending one’s honor, dignity, and business reputation falls into one of the most complex categories of disputes, as each case requires striking a balance between an individual’s right to protect their reputation and another individual’s right to freedom of speech.

That is why the key factors for success are the timely preservation of evidence, the correct legal characterization of the disseminated information, and the selection of an effective defense strategy.

As practice shows, most successful cases in this category are won even before a lawsuit is filed—during the stage of gathering evidence, assessing risks, and formulating the correct legal position.

This material is based on an article by Anastasia Ponych, a senior attorney at ESTER GUARDIANS, published in the professional journal “Yuridichna Gazeta.”