The Internet gives many website owners or Facebook group administrators the illusion of impunity, which is why social networks often become a platform for harassment and spreading outright lies. However, Ukrainian legislation allows you to effectively fight virtual offenders in the real legal field and even receive monetary compensation for this, such as compensation for moral damage, as well as reputational damage.
In this article, we will analyze in detail the algorithm of actions in case of defamation on the Internet and how to fight it: from correctly recording evidence to going to court so that you can protect your good name.
To begin briefly: what is needed to punish for defamation
To punish the offender for defamation on the Internet or in a Facebook group. Collect evidence: take screenshots or photos of offensive posts, save a link to the publication and the page of the author of the publication or the administrator of the Facebook group, and write to the author or administrator with a request to delete the post . If this does not work, you must file a lawsuit for the protection of honor and dignity.
You have the right to demand:
- removal of material from the internet and Facebook groups
- refutation of false information in the same group in writing
- compensation for moral damage in accordance with Article 277 of the Civil Code of Ukraine .
What is defamation from a legal perspective?
In modern Ukrainian legislation, one cannot be held criminally liable for defamation (lies) on the Internet or in a Facebook group because there is no criminal article for such actions as “slander”. Instead, this issue is regulated by civil law. According to Art. 277 of the Civil Code of Ukraine , every person has the right to the inviolability of business reputation and protection of honor and dignity .
The main rule that you need to learn before starting a fight: the law protects against the spread of inaccurate factual information , but does not punish someone for making value judgments about you (without direct insults) .
How to distinguish slander from value judgment?
It is very difficult to understand whether this is just the author’s opinion or a statement of fact. If the insults claim that you are a “corrupt person” but there is no evidence of such a “fact”, then this is considered defamation.
| Sign | Defamation (Factual statement) | Value judgment |
| Essence | A specific fact that can be verified for truth. | Personal opinion, emotional attitude, criticism. |
| Example | “Oleg stole 10 thousand hryvnias from the company’s cash register.” | “I believe that Oleg is a dishonest person and a bad employee.” |
| Evidentiality | You can prove that this did not happen (for example, show an audit). | It is impossible to verify with evidence (this is a subjective view). |
| Responsibility | Subject to refutation in court. | Not subject to refutation and punishment (right to freedom of speech). |
Block 1: How to properly record evidence
The biggest mistake victims of online bullying make is to complain about a post before it has been properly documented. If the abuser deletes the post, it will be extremely difficult to prove their guilt in court.
Step-by-step algorithm for correctly collecting evidence (recording the spread of false information on the Internet):
- Screenshot as evidence. Take screenshots from your computer and phone. The screenshot should clearly show the date, time, page URL, message text, and author profile.
- Screen capture video. Turn on screen recording and slowly scroll through the page with the post, comments, go to the author’s profile, and show the URL.
- Web archiving: Use services like the Wayback Machine or Archive.is to save a copy of a page to an independent source.
- Expert fixation (analogous to notarization). In Ukraine, courts best accept an Expert Research Conclusion in the field of telecommunications or a Web Page Review Protocol compiled by a lawyer or a specialized center of competence. This is more reliable than just a printout from a home printer.
Block 2: Algorithm of actions on Facebook
If false information appears in a local Facebook group, you need to act quickly, because the social network’s algorithms actively promote scandalous content.
What to do if there is slander in the group?
- Contact the administration. After everything is fixed. Find in the “Members” section those who have the status of “Administrator”. Write them a private message with a demand to delete the post, as it violates the rules of the platform and the legislation of Ukraine. The group administrator is jointly responsible for content moderation, so they often delete problematic posts voluntarily to avoid blocking the entire community.
- Complaints to Meta support. Click on the three dots next to the offensive post and select “Report post.” Select the reasons “Harassment and harassment” or “False information.”
- Mobilize your friends. The more people who report a post through Facebook’s built-in tools, the faster the Meta algorithm will hide or delete it.
Block 3: Pre-trial conflict resolution
Court cases take a long time, so it is always a good idea to try to resolve the issue out of court. This involves sending a physical letter of demand to the author of the post or the administrator of the Facebook group.
How to write a rebuttal request:
- Compose a formal letter of claim (preferably on letterhead, or through your lawyer).
- Please indicate which information is inaccurate.
- Demand its removal and the publication of an official rebuttal (on the same resource or page).
- Specify a deadline for fulfilling the requirements (usually 3 to 10 days).
- Warn about further actions: if the information is not refuted, you will go to court and charge the defendant with all legal costs.
Send the request in a personal message to the author, and, if possible, by registered mail to his place of registration.
Block 4: Appeal to the court and the Cyber Police
If the violator ignores the requirements, or confidential information, sensitive information (about children) is being spread, or there is even suspicion of fraud on your behalf to collect funds (fake fees, etc.), you need to take decisive legal action.
When will the Cyber Police help?
It is important to understand: the cyber police do not deal with ordinary civil cases about the protection of honor and dignity. However, you must definitely write a statement there if the defamation is accompanied by:
- By hacking your page.
- Extorting money for deleting information (blackmail).
- Direct threats to life or health.
- Stealing and distributing your intimate photos or personal data.
When to file a lawsuit?
If it is purely a lie that tarnishes the reputation, it is necessary to prepare a lawsuit in a court of general jurisdiction. Filing a complaint with the prosecutor’s office for ordinary “slander” makes no sense, since criminal proceedings will not always be opened due to the absence of elements of a crime (as we wrote above, there is no criminal sanction for “slander”).
- The defendant in such cases is the author of the publication.
- If the author is hiding behind a fake, the website owner (or the administrator of the platform or Facebook group) becomes the defendant.
- Court fee: A court fee is charged for filing a non-pecuniary claim (a request to refute information), which is calculated as a percentage of the current subsistence minimum for able-bodied persons. If you additionally request monetary compensation, you will have to pay another fee for a property claim (a percentage of the amount you are requesting to recover).
Block 5: Compensation for moral damage
In addition to a public apology, you have every right to demand financial compensation. Moral damage is your emotional suffering, loss of a normal rhythm of life, and damage to your business reputation. But in order to receive real compensation, this damage must be proven through receipts for medical expenses, treatment in a sanatorium due to stress, etc.
How to prove and calculate the amount of moral damages:
- Medical certificates: If your health has deteriorated due to bullying (insomnia, blood pressure spikes, exacerbation of diseases) or you have consulted a psychologist or psychiatrist, this is the best evidence for the court.
- Business losses: If you lost clients, partners, or were fired from your job because of this post, present it as an argument and compensate for the “lost profit.”
- Expert opinion: In Ukraine, you can order a psychological examination that will officially establish the fact of moral suffering and recommend to the court an approximate amount of compensation.
The amount of compensation depends on the depth of suffering and audience reach (a post seen by 100 people causes less harm than one reposted 10,000 times and seen by 1 million people or all the residents of your city or village).
Conclusion: Advice from a lawyer
It is quite possible to hold the offender accountable for defamation on the Internet. Ukrainian judicial practice has hundreds of successful cases where authors of false posts were forced to pay tens of thousands of hryvnias in compensation and publicly apologize and delete previous publications.
The main advice: do not engage in a public skirmish with the offender and emotional arguments in the comments – this can be used against you and will attract unnecessary attention even from those who missed the material with the “slander” itself. Act legally and consistently: silently record the evidence, consult with a lawyer and transfer communication with the “liar on the Internet” to the plane of official legal documents. Usually, having received a competently drafted lawyer’s claim, most Internet heroes quickly remove the slander in order to avoid paying tens of thousands of hryvnias in real compensation.
