Business
Pavlo Barbul dealt with fakes and libel the legal way
Pavlo Barbul won a defamation lawsuit in the Pechersk District Court of Kyiv, proving that due to the activities of numerous paid pseudo-journalists relentlessly spreading false information about him online, he effectively became a victim of an information war. Welcome to the 21st century – information manipulation is becoming increasingly destructive.
Pavlo Barbul, a renowned Ukrainian public figure and successful entrepreneur, has become yet another testament to the fact that in today's world, no one is immune to information attacks that damage both reputation and honest name.
Who is Pavlo Barbul?
Pavlo Barbul, currently serving as a member of the supervisory board of the investment fund "Absolute," has a diverse portfolio of contributions and recognitions. In June 2022, he assumed the role of vice-chairman at the international aid fund "Save Home". Barbul is an esteemed expert in defence industry development, strategic industries, and international trade.
Following the Russian invasion of Ukraine on February 24, 2022, Pavlo Barbul has actively engaged in volunteer and humanitarian efforts, both individually and through his business endeavours. His unwavering dedication has resulted in numerous commendations, certificates, and awards.
In June 2022, Pavlo Barbul was honoured with the Order of Merit by the Security Service of Ukraine (SBU), and in the summer of 2023, he was recognized by the National Children's Clinic "Okhmatdit" for his pivotal role in renovating a bomb shelter. Throughout 2022-2023, Barbul's steadfast commitment to bolstering Ukraine's defence capabilities and supporting the Armed Forces of Ukraine garnered recognition from various military units and regional defence forces.
The orchestrated defamation against Pavlo Barbul has landed in court
Evidence of paid manipulations influencing public opinion on the internet was presented to the court on February 18, 2021. Investigating Judge T.G. Ilyeva considered the motion by attorney M.I. Mkrtichev, representing Pavlo Barbul's interests, in an open court session in Kyiv.
As a result, the court, within the framework of the motion for property arrest, decided to impose a freeze on the intellectual property rights of several domains that disseminated fake news about Barbul through internet media outlets. Essentially, the court ruled that the defendants made false and discrediting statements about the plaintiff on their internet resources.
The court determined that defamation occurred, and false statements causing harm – financial damage and damage to reputation – were made about the plaintiff. Attorney M.I. Mkrtichev continually assessed the risk-benefit ratio for Pavlo Barbul throughout the legal proceedings, revising settlement strategies on a regular basis as additional facts were uncovered and presented to the judge.
Dealing with the defamation of Pavlo Barbul: the legal way
Based on the direct evidence of the defendant's guilt, the investigating judge, relying on a comprehensive, impartial examination of all circumstances of the criminal proceedings and guided by the law, evaluated each argument presented by Pavlo Barbul in terms of admissibility and credibility. In cases of defamation involving public figures or public officials, plaintiffs must adhere to stricter standards than private citizens, as the plaintiff's status often influences case outcomes, with courts balancing the right to a free press against an individual's reputation.
The business reputation of an entrepreneur is often far more valuable than their tangible assets, and defamatory comments made by competitors can inflict significant harm. The judge took into account that, especially in an online context, removing defamatory comments from public view can be as important as financial restitution. However, removal alone is not sufficient – the resources themselves must be seized.
The sites involved in the attack are specifically designed to defame individuals. Bad actors offer "reputational services" to victims, essentially demanding hush money. They frequently impersonate legitimate news agencies to deceive both readers and victims.
In this case, the court dealt with websites containing false information deliberately aimed at portraying their data as factual for financial or political gain. Therefore, the court expressed concern in seizing the sites. The viral spread of disinformation's impact on reputation, both of Pavlo Barbul specifically and potentially on public trust in the media at large, was cited as a reason for the sites' seizure.
In accordance with Ukrainian legislation, public access to websites may be blocked if there are grounds to believe that their content tarnishes the honour, dignity, and business reputation of the claimant. The legislation permits the blocking or removal of the materials themselves, but these materials also serve as evidence that Pavlo Barbul utilizes in further legal proceedings, and therefore, they are not deleted but only blocked.
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