Press defamation involves the dissemination of false facts damaging a person's honor, dignity, and business reputation by media outlets (TV, print media, online publications). In Georgia, the media enjoys a high standard of freedom of expression, but this freedom is not absolute. Journalists and editors bear the responsibility to verify the accuracy of information before publication. If the media spreads a false fact that causes harm to a person, the victim has legal leverage to restore their reputation. This service is vital for both individuals and companies whose brand has been damaged by irresponsible journalism. Lawyer involvement ensures that the media takes responsibility for the disseminated information and publishes an appropriate retraction.
What does this service cover?
Legal services against press defamation include:
- Legal Audit of Publication: Detailed analysis of the article or report to distinguish between facts and the journalist's opinions. Defamation can only be a false fact.
- Pre-litigation Negotiation: Addressing the editor of the media outlet or an ethics council (e.g., the Charter of Journalistic Ethics) with a demand to correct or remove the material.
- Drafting Retraction Text: The lawyer drafts a retraction text which, according to the law, must be published in the same medium and form as the original information.
- Litigation: If the media refuses to cooperate, filing a lawsuit in court demanding compensation for material and moral damages.
- Damage Calculation: For businesses, working with auditors to calculate the loss resulting from reputation damage (e.g., failed contracts).
Common Real-World Scenarios
Typical examples of press defamation include:
- Unverified Allegations: A TV station aired an investigative report accusing a company of poisoning customers, although laboratory tests do not confirm this.
- Interview with Respondent: An online publication published an interview where a respondent accuses a third party of a crime. The media is responsible for circulating such a fact if it did not attempt to get the other side's position.
- Misleading Headline: An article's headline (Clickbait) contains a false fact to attract readers, even if the article's content might be correct. The headline itself can be a subject of dispute.
- Wrongful Use of Photos: A crime report article included a photo of an innocent person, thereby damaging their reputation.
Georgian Legal Framework
Disputes with media are regulated by the Law of Georgia on Freedom of Speech and Expression. The law establishes that media will not be held liable if it disseminated information in good faith and took reasonable measures to verify it. However, if it is proven that the media knew the information was false or grossly violated verification standards, it bears civil liability. According to the Civil Code, the media outlet is obliged to publish a court decision regarding the retraction of information.
Process: How does a specialist work?
The lawyer first collects evidence — saves website copies, records broadcasts. Then, the proper defendant is identified (the author journalist or the media organization). The first step is always a written demand for correction. If this fails, the lawyer turns to self-regulatory bodies (under the Code of Conduct for Broadcasters) or the court. In court, the lawyer proves the falsity of the fact and the damage caused.
Why Legal.ge?
Confronting the media is difficult because they have the power to shape public opinion. On Legal.ge, you will find lawyers specializing in media law who know how to protect client interests against journalists without infringing on freedom of speech principles, but restoring justice. Our specialists will help you effectively defend your reputation.
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