Mechanism of protection of honour, dignity and business reputation of an individual in civil law

Abstract

The article is dedicated to the analysis of mechanisms for protecting the honor, dignity, and business reputation of individuals in Ukrainian civil law. These legal categories are essential elements of a person's legal status, and their violation can lead to significant moral and material damage. The article discusses both general and special methods of protecting these non-property rights as provided by the Civil Code of Ukraine. General methods of protection include compensation for material and moral damages, particularly compensation for suffering or destroyed reputation. Special methods of protection include refutation of false information, the right to reply, and prohibition of its dissemination. All these methods can be applied in combination, depending on the specific circumstances of the case. The author pays special attention to the mechanism of refuting false information, which is an important tool for proving the falsity of statements and restoring the person’s fair reputation in the eyes of the public. At the same time, the right to reply is considered as a mechanism that allows the injured person to express their point of view. The article also analyzes the issue of apology as a means of protection, which is quite controversial in legal practice since it is not enshrined in legislation and can raise ethical and psychological issues, particularly the coercion to apologize against the person’s will. The article also emphasizes the relevance of improving legal mechanisms in response to modern challenges, such as the rapid spread of information through digital technologies and social networks. The study highlights the need to enhance legal regulation in this area to ensure effective protection of individuals from false accusations and violations of their dignity, honor, and business reputation in the context of the digitalization of society. In particular, the author notes the importance of finding optimal protection methods that will take into account all modern realities and help individuals effectively protect their non-property rights.

The conclusion of the article stresses the importance of developing legal instruments for the protection of non-property rights in the digital environment, where information violations can have rapid and global consequences. The right to refute false information, the right to reply, and other mechanisms should be adapted to the realities of the modern world, where information spreads instantaneously and is not always under the control of responsible individuals. Special attention should also be paid to the effectiveness of national legislation in the context of globalization and international standards in this field.