Watch, what you write on the forum

Freight exchanges and forums related to them becoming an increasingly important tool transport activities, as well as the source of knowledge about the reliability of individual entities. Therefore, it is essential to, to their published information is accurate. Conscious give false information about other people can be expensive because both the person pomówioną, and the user, who commits such defamation. The first may lose reputation, threaten another much more serious consequences.

To write today's text inspired me ad, which was released today in the pages of Polish Gazeta Transport:

What penalty

As you can see the person using the transport forum to defame another person, may end up being sentenced by a criminal court. In this case, the punishment and so was relatively mild, because according to Article. 212 by. 2 k.k. pomawiania an offense by means of mass communication is punishable by a fine, restriction of liberty and even imprisonment of up to one year.

Compensation to the victim in criminal proceedings

For the victim pomawiającego conviction is of course some importance, but it usually does not compensate the losses incurred by the infamous. In criminal proceedings, but he can also claim compensation for damage resulting from defamation (np. lost the contract because of the negative and untrue, as it turned out opinions), as well as compensation for damage suffered. In criminal proceedings, it is also possible instead award damages to the victim EXEMPLARY, which can reach the amount of 100.000 zł, but usually the amount is much lower. EXEMPLARY order does not exempt the offender from the obligation to repair the damage, but it can affect the amount of the damages asserted – Courts usually deducted redress, which would be allocated in normal, amount already awarded to the victim EXEMPLARY.

Claiming damages in criminal proceedings has the fundamental advantage, it does not require the payment of court fees dependent on the amount of the claim.

Redress in civil proceedings

Obviously redress of defamatory is also possible in civil proceedings for infringement of personal rights of the victim (art. 23 i 24 k.c.). In this case, the victim may seek compensation, compensation, and to remove the effects of such violations. by the deposit of a declaration in the prescribed form and content. This may include, for example,. for buying advertising on the web portal, where previously there was a violation of. The cost of such advertising in many cases can be very significant and represent a significant penalty for a person, which must publish such a statement.

If a competitor slandered defamatory, addition, the game can enter the law on unfair competition and a wide catalog of measures provided for therein (np. unjustified advantage edition, which he gained through the acquisition contract pomawiający pomawianego). This Act provides for the, that the act of unfair competition is m.in. dissemination of false or misleading information to other businesses in order to obtain the benefit or detriment.

In civil proceedings, but the problem may be to identify the perpetrator. While the police in criminal proceedings usually sets the owner of the IP address, which was published defamatory comment, whereas in civil proceedings is the victim often passed on your own, and administrators in many cases refuse to provide the identity of the perpetrator.

A portal administrator can respond

Polish court proceedings unfortunately not characterized by excessive speed, So it may take a lot of time away from posting defamatory comment to his removal as a result of a court judgment. It is therefore preferable to use other means of, which can quickly lead to the disappearance of a false alert network. In accordance with Article. 14 Law on electronic services for the content of the web is also responsible administrator of the portal, if after receiving reliable information about the unlawful nature of the content is not immediately prevented access to this content. Because this person putting an entry should prove its truth, usually the same denial of the content on the forum, along with an indication of, that it infringed the applicant's personal rights infringement should be sufficient to remove the entry from the portal. Administrators usually because they do not want to take the risk, that the entry proves to be defamatory, which will also threaten the liability for damages.

Be careful and fight the good name

Pomówionemu entitled arsenal is pretty impressive, so you want to fight for your good name. At the same time you have to be very careful with the formulation of their contributions to the forum, because one careless about this entry, że np. contractor does not pay (ultimately found not true), may result in pretty large unpleasantness.