Legal Protection for Businesses Against False Allegations

In today’s world, media can significantly impact public perception. False allegations made in television broadcasts can seriously damage a business’s reputation. Whether it’s a local or national station, these damaging claims can lead to a loss of customers, business opportunities, and trust. This blog explores legal protection for businesses against false allegations in television broadcasts and the legal measures available to businesses. We’ll discuss the right to a response, a correction, and criminal action if necessary.

Protecting Your Business Reputation: Legal Tools at Your Disposal

When false allegations harm a business’s reputation or operations in a television broadcast, legal tools can help protect the company.

1. The Right to a Response

Under the Law on Public Information and Media (Official Gazette of RS, No. 83/2014), businesses have the right to request a response if the information presented is false or damaging. Here’s how this works:

• A business can request that the responsible editor of the television station publish a reply stating that the information is false, incomplete, or inaccurately conveyed.

• If the editor refuses or fails to publish the response properly, the business can take legal action.

This gives businesses the chance to correct false statements and ensure that both sides of the story are shared. The business must submit the request within 30 days of the broadcast (60 days if based abroad).

2. Right to a Correction

If false or incomplete information harms the business, it can request a correction. The law allows businesses to file a lawsuit, asking the court to direct the editor to publish a correction. This ensures the information is clarified and corrected.

Like the response process, the correction request must be made within 30 days after the broadcast. If the editor does not publish the correction or does so improperly, the business has the right to file a lawsuit.

Damage to Reputation: Material and Non-Material Claims

Along with requesting a response or correction, businesses can claim compensation for any damage caused by the false allegations. The damage may fall into two categories:

• Material damage: This refers to financial losses. For example, if the false broadcast causes a loss of customers or business, the company can claim compensation.

• Non-material damage: While this usually applies to individuals, legal entities may also suffer harm. If a company’s reputation is significantly affected, it may claim non-material damage, though legal entities often face more restrictions in claiming this type of damage.

In contrast to individuals, legal entities usually face challenges when seeking compensation for non-material damage. Court practice generally limits non-material claims to natural persons. However, businesses can still pursue material damage claims if they experience a loss due to false allegations.

Criminal Defamation: Legal Actions for Serious Harm

When false information is broadcast with the intent to damage a company’s reputation or creditworthiness, businesses can pursue criminal defamation. According to Article 239 of the Criminal Code, businesses can file a private lawsuit for defamation if a broadcast harms their business reputation or creditworthiness.

For example, if the broadcast falsely claims financial instability or misrepresents the business’s operations, the company can pursue criminal charges. In such cases, businesses can not only request a response or correction but also take criminal action.

Additionally, if the owner of the business is mentioned in a defamatory manner, they can file a private lawsuit for defamation under Article 170 of the Criminal Code. In this case, the focus would be on the harm caused to the business owner personally.

Conclusion: What Should Businesses Do?

If your business faces false allegations in a television broadcast, taking prompt action is essential. Here’s what you should do:

1. Request a response: Use your legal right to request a reply to false or harmful statements.

2. Seek a correction: If the initial request is ignored or improperly handled, file a lawsuit to have the correction published.

3. Claim damages: If your business has suffered financial or reputational harm, pursue compensation through legal channels.

4. Criminal prosecution: For severe cases where the false statements significantly harm your business’s reputation or creditworthiness, criminal defamation charges may be an option.

By understanding these legal tools, your business can take proactive steps to defend its reputation. False statements should not go unchallenged. Whether through civil actions like requesting a response or correction or pursuing criminal prosecution for defamation, businesses have several ways to protect themselves and mitigate the harm caused by false media reports.