In addition to individuals, businesses are increasingly being targeted by hate speech. Hate speech is now not only a social problem but also a business one. The phenomenon of industry rivals attempting to hinder the functioning of their competitors by creating negative online PR is becoming increasingly common. Consequently, a growing number of companies are facing image crises caused by negative online posts and comments posted by competitors, disgruntled former employees, or dissatisfied customers.
It's important to remember that a company's image is shaped both in the real and virtual worlds these days. It's important to remember that a business's online reputation is just as important as the one it cultivates in the real world. Therefore, negative comments and the spread of false information online, whether made by a competitor, a former employee, or simply a dissatisfied customer, can significantly negatively impact a business's image and, in the worst-case scenario, lead to bankruptcy. Therefore, this type of online behavior should not be underestimated, and it's important to react and condemn any instance of online aggression.
What actions should we take if we encounter a harmful post about our company?
Firstly – although it may seem obvious – it's important to verify whether the offending post or comment specifically concerns our company. That is, whether a potential recipient, when reading the comment or post, is able to verify which specific entrepreneur it refers to. While obvious elements enabling identification include personal data, the entrepreneur's image, or trademark, it's also possible to identify such an entrepreneur through context or commonly known circumstances that make the online community aware of this specific entrepreneur.
Next, the person posting the post should be targeted. Initial verification of the post's author's identifiable identity is essential. If the attack turns out to be anonymous, assistance from the police or prosecutor's office may be necessary before taking civil legal action (which will be discussed later in this post).
Another element that may determine the validity of a business's claims is verifying whether a negative entry actually concerns the circumstances in which it occurred or whether it merely contains false information. Courts have repeatedly held that false information should not be used in business and, regardless of how it was formulated, should always be subject to correction.
What legal steps can an entrepreneur take?
Once the above has been established, it is possible to pursue the protection of your rights through civil or criminal proceedings, or a combination of both.
Article 212 of the Penal Code penalises the act of accusing another person, group of people, institution, legal entity, or organizational unit of conduct or characteristics that may degrade them in public opinion or expose them to the loss of trust necessary for a given position, profession, or type of activity. The second paragraph of this provision, however, provides a penalty for committing the above-mentioned offense via mass media—specifically, the internet. Therefore, you can confidently report a possible crime and count on effective action from the police and prosecutor's office.
In the context of the civil procedure, if the author of the harmful entry is another entrepreneur, it is possible to pursue claims for an act of unfair competition referred to in Article 14 of the Act on Combating Unfair Competition. This provision states that:
An act of unfair competition is the dissemination of false or misleading information about oneself or another entrepreneur or enterprise in order to gain profits or cause damage.
For an act of unfair competition, it is possible to pursue claims for, among other things, removal of the consequences of prohibited actions, compensation for damages, or even the submission of a declaration with appropriate content and form. The full list of claims can be found in Article 18, Section 1 of the Act of 16 April 1993 on Combating Unfair Competition. Pursuing claims for an act of unfair competition does not preclude pursuing claims for infringement of personal rights.
If the author of the harmful post or comment is not a business owner, it is possible to pursue a claim for infringement of personal rights through civil proceedings. This claim may include seeking cessation of further infringement, removal of its effects, including, for example, a public apology, compensation for the harm caused, and sometimes even damages.
However, it's important to remember that not every instance of false information constitutes a violation of personal rights. In the case of a violation of personal rights, the entry must harm the image, brand, or reputation of the business. However, not all false information must be of this nature; some information may be neutral in terms of protecting personal rights and not directly harming the business's image. In such cases, pursuing a claim for a violation of personal rights will be unfounded.
It's also important to remember that a violation of personal rights must be objective in nature, meaning that the average recipient of a harmful post or comment would recognize that the accusation made could violate someone's personal rights. A purely subjective feeling is not enough to hold the author of such a post legally liable.
This alert is for informational purposes only and does not constitute legal advice.
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