LinkedIn Reputation as a Legal Subject
Professional networks such as LinkedIn are today one of the main showcases of business reputation: recruiters, partners and clients see the first impression precisely there. Defamation published on this platform is therefore an attractive target for careers and sales. Georgian law gives two anchors here: the right to a name and personal non-property rights under the Civil Code, and the tort of disseminating damaging information. The platform's internal rules do not replace these constructions; legal protection is built on the general norms.
The Right to a Name and Misuse of Identity
Every physical person has the right to a name, which includes the first name and surname. The first part of Article 18 of the Civil Code adds: a person deprived of the right to bear a name, or whose interests are harmed by unauthorised use of the name, may demand cessation of the act or its repudiation. In LinkedIn practice this means: a fake profile, an account opened in your name, or content written under your identity is unauthorised use of the name, and demanding its cessation is protected by law. The fifth part of the same article also covers images: publishing a person’s photograph, film or video without consent falls within this protection — except where the taking is connected with public recognition, with the position held, with the demands of justice or the police, with scientific, educational or cultural purposes, took place in a public setting, or the person received remuneration for posing. A fake profile opened with another’s photograph answers this norm doubly: it is unauthorised use of the name and a published image without consent.
Honour, Dignity and Business Reputation
A person has the right, through the court and in the manner established by law, to protect honour, dignity, the secrecy of private life, personal inviolability or business reputation from infringement. In the LinkedIn context, infringement of business reputation is the most frequent form: false statements about professional activity, unsubstantiated assertions about competence, or defamation of former employers fall within this right. Infringing information must be refuted through the same means, and the right to publish response information also exists.
The Defamation Tort and the Public-Interest Exception
The basis of a claim for compensation is Article 993 of the Civil Code: a person who intentionally or negligently disseminates or publicises facts damaging to another person's property must compensate the damage arising therefrom, where these facts are evidently incorrect. At the same time, no obligation to compensate arises for statements that serve the protection of lawful public interests. In LinkedIn disputes this exception matters: a critical statement about professional conduct in a public discussion may serve the protection of public interests, and then no compensation arises. The boundary is that the statement must be factual and evidently incorrect.
Damage and Its Substantiation
Damage to business reputation may be pecuniary and non-pecuniary. In case of culpable infringement, the entitled person may also demand compensation for non-pecuniary, moral damage, claimed independently of pecuniary compensation. Compensation may also be demanded in the form of the profit the infringer obtained. Thus, substantiating the lost contracts or income that arose from the defamation is part of the content of the claim. Monetary compensation for non-pecuniary damage may be demanded only in cases precisely defined by law, in the form of reasonable and fair compensation (Article 413).
Limitation
Time control is essential: the limitation period for the right to demand compensation for tort damage is three years from the moment the victim learned of the damage or of the person obliged to compensate it. An online publication often remains visible for a long time, so fixing the moment of knowledge is the first step of preparing the claim.
Evidentiary steps are also decisive: a full screenshot of the profile or post with identification of the author, fixation of the publication date, a list of the infringing facts with reference to sources, and the documentary trail of damage, related negotiations, discontinued cooperations, lost income. Online content is quickly deleted or altered, so fixation happens on the first day of the dispute. It is precisely this primary picture that later feeds every demand and court document.
Strategically, two routes work simultaneously: rapid reaction, a demand of cessation and refutation to stop further damage to reputation, and the full claim, with a demand of compensation for the damage already incurred. Both routes are built on the same legal foundation and documentarily continue one another.
Can a fake profile be stopped by law?
Yes — unauthorised use of the name gives the injured person the right to demand cessation of the act (Article 18).
Where must the refutation appear?
Infringing information disseminated through mass-information means is refuted through the same means; the right to publish response information also exists (Article 18).
Does the exception protect criticism?
Yes — no compensation arises for statements serving the protection of lawful public interests (Article 993).
How long does the claim right last?
The limitation period for tort compensation is three years from the moment of knowledge (Article 1008).
How We Help on Legal.ge
Our team guides disputes connected with LinkedIn reputation through the full cycle: the fake profile or defamatory content is fixed, the construction of unauthorised use of the name or infringement of reputation is established, the demand of cessation and refutation is drafted and, where necessary, a compensation claim is brought in court. Contact Legal.ge so that your professional reputation in the professional network is legally protected and the damage fully compensated.