Defamation and honor protection: legal options, practice, and public image.
Protection of Honor and Dignity
Not long ago, court cases related to the protection of human rights attracted significant public attention; today, however, cases concerning the protection of honor and dignity are drawing increasing interest, especially since their protagonists are often people known throughout the country. However, many have doubts: can an ordinary, less well-known citizen protect their honor and dignity in court and receive not only moral but also material compensation?
The law clearly states that any citizen has the right to request in court a retraction of published information that harms their business reputation or dignity, if the defendant cannot prove that such information is true. A feature of handling such cases is that it is not necessary to present claims to the defendant beforehand — the lawsuit can be filed directly with the court. At the same time, the plaintiff may contact the media outlet where the defamatory material was published and demand a retraction. If the retraction is refused, that refusal can be appealed in court.
The difficulty in handling cases about the protection of honor and dignity lies in the fact that the damage suffered in such cases is largely subjective. In addition, these cases often involve rather sensitive issues. Therefore, when filing lawsuits for the protection of honor and dignity it is best to secure professional legal assistance immediately. The involvement of an experienced attorney can also help if the defamatory information is disseminated anonymously.
Proof of the plaintiff's claims in cases concerning the protection of honor and dignity proceeds along three lines. The court determines, first, the existence of the dissemination of defamatory information; second, it establishes their defamatory character; and third, it establishes that they are not true. Only if evidence is provided on all three points will the claim be satisfied. Both the plaintiff and the defendant must submit evidence in the case. The plaintiff's task is to prove that the defamatory information was indeed disseminated by the defendant, while the defendant, in turn, must prove that the information they disseminated is true.
On the legal forum of a given law firm one can often find questions about compensation for non‑pecuniary (moral) harm. The amount of such compensation is determined by the court based on the harm caused, assessed individually in each specific case.