Problem
Vasyl Rii and his business process optimization platform LEELOO.AI. A rapidly and successfully growing business. More than 30,000 thousand Clients from Ukraine and abroad. And there is one person who does not sleep well at night because of this business.
The offended Client starts defaming the reputation of the brand and its founder on YouTube (devaluation, insults, fraud accusations, etc.).
Process
These circumstances provoked A.S.A.Group’s attorneys to file a defamation lawsuit against the offender (protection of honor, dignity and business reputation).
This category of disputes is quite complex. The applicant must identify the offender, prove that the information disseminated is false, and that the negative content is a statement of fact and not a value judgment (this is not an easy task, as the distinction between “factual statements” and “value judgments” is often quite blurred and courts perceive these categories differently).
But in this particular case, the problem at the start was different: identifying the identity of the offender, since the published videos were anonymous and during the trial the “hater” denied any involvement in the negative content.
Using the evidence collected, ASA Group’s attorneys proved in court
- compliance of the primary identification of the offender with the actual identity of the respondent (without direct evidence, by deductive analysis)
- the presence of other components necessary to satisfy the claim.
The Outcome
The court ruled to refute the negative information disseminated on YouTube and recovered the amount of non-pecuniary damage. The decision came into force.
