If a person knowingly spreads false information about another person that causes them harm, can they be held liable? What are the consequences if they are found guilty?
If a person knowingly spreads false information about another person that causes them harm, can they be held liable? What are the consequences if they are found guilty?
The person responsible for the dissemination of false information is primarily its author. If the author of the disseminated information is unknown or his/her identity and/or place of residence (location) cannot be established, as well as when the information is anonymous, the owner of the media on which the specified information material is posted is the proper defendant, since it was he/she who created the technological opportunity and conditions for the dissemination of false information.
Regarding liability, the person about whom false information was disseminated has the right, first of all, to demand protection of honor, dignity and business reputation in court. This person also has the right to demand compensation for material and moral damage.
Methods of protecting personal non-property rights, in particular the right to respect for dignity and honor, the right to inviolability of business reputation, include refutation of inaccurate information and/or the right to reply, prohibition of dissemination of information that violates personal non-property rights, etc.
The legislation of Ukraine provides for the procedure for refuting false information and the right of a person to reply. The main difference between refuting false information and the right of reply is that the false information is refuted by the person who disseminated it, and the reply is provided by the person about whom the information was disseminated.