Widespread access to websites and social networks provides unlimited opportunities for constitutionally guaranteed freedom of speech. Many times, however, the possibility of anonymity and the apparent impunity of users means that freedom of expression is sometimes abused, leading to violations of the good name, honor, reputation of individuals, as well as the reputation of legal entities.
Pursuing the protection of one’s property can be difficult, but the earlier one reacts, the greater the chance of negating the effects of violations and the guarantee of no similar actions in the future.
The Civil Code does not contain a definition of a personal good, however, it indicates that this catalog in the case of individuals may include, among others. Health, freedom, honor, name, image, secrecy of correspondence.
An entrepreneur, like any other entity, also has the opportunity to defend itself against damage to its good name, reputation and corporate image. There is no doubt that the violation of personal rights can have significant repercussions for him, often leading to significant financial repercussions in terms of reduced sales, as well as exposing him to the loss of trust not only of potential customers but also of regular colleagues.
What can you do when your personal rights have been violated?
In the case of unlawful violation of personal property, you can defend yourself in several ways.
As a person whose personal rights have been violated, you can demand from the perpetrator under Art. 24 of the Civil Code :
A specific way of doing this is to order the perpetrator to make a statement in the appropriate content and form, such as admitting to spreading lies about you and apologizing.
Reparations do not have to demand for yourself. In a situation where you deem it appropriate, you can demand payment of the amount to the social purpose you designate.
An example of damage is a measurable decrease in turnover, the loss of certain profits due to the departure of regular contractors. In this case, it must be shown that there is an actual causal connection between the damage so defined and the violation of goods.
It is worth remembering that disseminating false information is a misdemeanor, which gives rise to liability not only under civil law!
If you have been or are a victim of online “hate speech” or have otherwise had your personal rights violated – it is not worth it and it is not necessary to accept it, even when it is difficult to identify the perpetrator of the violations.
You can claim personal property protection whenever the behavior or action that harms your property is unlawful. Unlawful, and therefore contrary to the applicable principles of legal order and social intercourse.
Karolina Szwabowska, ptrader