The Supreme court overturned the decisions of three courts on business reputation and gave explanations
The Supreme Court of Russia explained that companies do not need to confirm the existence of a good business reputation to refute defamatory information.
The Supreme Court of Russia explained that companies do not need to confirm the existence of a good business reputation to refute defamatory information. This is reported by RG.ru.
The reason for the proceedings was a dispute between a manufacturer of children’s toys and a lawyer, who in a letter to one of the entrepreneurs accused the company of forging documents. The manufacturer considered these allegations discrediting his business reputation and appealed to the court with the requirement to recognize them as unreliable and publish a retraction.
Three courts denied the company's claim. They felt that she had to prove herself to have a good business reputation and confirm that the letter had caused damage. The toy manufacturer appealed the decision to the Supreme Court.
When considering the case, the Supreme Court did not agree with the decisions of the lower courts and explained that to protect the business reputation of the company, it is enough to prove two facts: the dissemination of information and their defamatory nature. To prove the truth of their statements should be the one who spread them.
The Supreme Court also clarified that claims for reputation protection and compensation for damages are different. If a company wants to receive monetary compensation, it must additionally confirm the existence of a business reputation and prove that it has suffered due to the spread of information.
As a result, the Supreme Court overturned the decisions of three lower instances and sent the case for a new hearing.



