The food industry, due to its direct impact on the health and lives of consumers, remains particularly susceptible to image crises. Information about alleged quality irregularities or violations of sanitary standards can lead to significant financial losses and lasting reputational damage, especially given the rapid distribution of content on social media.
Food businesses are obligated to ensure food safety in accordance with Regulation (EC) No. 178/2002 and to immediately inform the relevant authorities and consumers in the event of a threat. However, crisis communication should respect the principles of fairness, proportionality, and due diligence. A message that goes beyond necessary information and suggests guilt before the proceedings are concluded may lead to a violation of the business's personal rights.
Pursuant to Articles 23 and 24 of the Civil Code, in conjunction with Article 43 of the Civil Code, the personal rights of legal persons are protected, in particular their good name, reputation, and commercial credibility. Spreading false information that may undermine trust in a business constitutes a violation of these rights, regardless of the perpetrator's intention.
The media, exercising their constitutional freedom of speech, are obligated to exercise due diligence and accuracy (Article 12 of the Press Law). Publication of unverified information about a potential health threat may result in civil liability for the editor, author, and publisher. Similar principles apply to influencers and social media users.
A crisis may also be the result of acts of unfair competition within the meaning of the Act
on Combating Unfair Competition, in particular the dissemination of false or misleading information. The injured party may pursue claims
for an injunction, removal of the effects of the infringement, compensation, and the release of unjustly obtained benefits.
In compensation proceedings, it is necessary to demonstrate the unlawfulness of the act, the damage, and an adequate causal link. Proving reputational damage, including loss of sales and business, can be difficult in practice.
The image crisis in the food sector therefore requires a balance between the protection of public health, freedom of expression and the personal rights of entrepreneurs, while maintaining the principle of proportionality and the presumption of innocence.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of February 25, 2026.
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