fbpx
Size of letters 1x
Site color
Image
Additionally
Line height
Letter spacing
Font
Embedded items (videos, maps, etc.)
 

Removing a publication from the Internet as an effective way to protect a person’s personal non-property right

12/ 12/ 2023
  Author: компанія Dynasty Law & Investment In light of the expansion of information technology, any person can distribute any information to a large number of people. However, this freedom of action can often lead to misuse of this opportunity. In general, when choosing a method of protecting a personal non-property right, in particular, the right to respect for dignity and honor, the right to inviolability of business reputation, it is necessary to be guided by the fact that such a method must meet the criteria of propriety, effectiveness and legality. The proper method of protection is the one provided by law or contract. Whereas an effective method should be understood as one that leads to the desired results, consequences, gives the greatest effect. That is, an effective method of protection must ensure the renewal of the violated right, be adequate to the existing circumstances. It is worth paying attention to the fact that the analysis of civil legislation shows that in order to protect personal non-property rights, the legislator allows the use of various methods of protection that are not exhaustive. In particular, a person whose right has been violated can choose both general (reimbursement of damages or moral damage) and special methods of protection (refutation of inaccurate information and/or right of reply, prohibition of dissemination of information, etc.) of his right. However, along with the legal methods of protection, there are also those whose appearance is due to the new realities of the informatization world. In particular, the Supreme Court in its decision dated 11.10.2023 in case No. 756/10624/21 concluded that in disputes about the protection of a persons honor, dignity and business reputation, taking into account the modern realities of the Internet society, an effective way of protection will also be the removal of disseminated information (publications) from the Internet.

Author: компанія Dynasty Law & Investment

In light of the expansion of information technology, any person can distribute any information to a large number of people. However, this “freedom of action” can often lead to misuse of this opportunity.

In general, when choosing a method of protecting a personal non-property right, in particular, the right to respect for dignity and honor, the right to inviolability of business reputation, it is necessary to be guided by the fact that such a method must meet the criteria of propriety, effectiveness and legality.

The proper method of protection is the one provided by law or contract. Whereas an effective method should be understood as one that leads to the desired results, consequences, gives the greatest effect. That is, an effective method of protection must ensure the renewal of the violated right, be adequate to the existing circumstances.

It is worth paying attention to the fact that the analysis of civil legislation shows that in order to protect personal non-property rights, the legislator allows the use of various methods of protection that are not exhaustive.

In particular, a person whose right has been violated can choose both general (reimbursement of damages or moral damage) and special methods of protection (refutation of inaccurate information and/or right of reply, prohibition of dissemination of information, etc.) of his right.

However, along with the legal methods of protection, there are also those whose appearance is due to the new realities of the informatization world. In particular, the Supreme Court in its decision dated 11.10.2023 in case No. 756/10624/21 concluded that in disputes about the protection of a person’s honor, dignity and business reputation, taking into account the modern realities of the Internet society, an effective way of protection will also be the removal of disseminated information (publications) from the Internet.

If you have found a spelling error, please, notify us by selecting that text and pressing Ctrl+Enter.

Start
in the Telegram bot
Read articles. Share in social networks

Spelling error report

The following text will be sent to our editors: