Freight exchanges and forums related to them becoming an increasingly important tool transport activities, as well as the source of knowledge about the reliability of individual entities. Therefore, it is essential to, to their published information is accurate. Conscious give false information about other people can be expensive because both the person pomówioną, and the user, who commits such defamation. The first may lose reputation, threaten another much more serious consequences.
To write today's text inspired me ad, which was released today in the pages of Polish Gazeta Transport:
What penalty
As you can see the person using the transport forum to defame another person, may end up being sentenced by a criminal court. In this case, the punishment and so was relatively mild, because according to Article. 212 by. 2 k.k. pomawiania an offense by means of mass communication is punishable by a fine, restriction of liberty and even imprisonment of up to one year.
Compensation to the victim in criminal proceedings
For the victim pomawiającego conviction is of course some importance, but it usually does not compensate the losses incurred by the infamous. In criminal proceedings, but he can also claim compensation for damage resulting from defamation (np. lost the contract because of the negative and untrue, as it turned out opinions), as well as compensation for damage suffered. In criminal proceedings, it is also possible instead award damages to the victim EXEMPLARY, which can reach the amount of 100.000 zł, but usually the amount is much lower. EXEMPLARY order does not exempt the offender from the obligation to repair the damage, but it can affect the amount of the damages asserted – Courts usually deducted redress, which would be allocated in normal, amount already awarded to the victim EXEMPLARY.
Claiming damages in criminal proceedings has the fundamental advantage, it does not require the payment of court fees dependent on the amount of the claim.
Redress in civil proceedings
Obviously redress of defamatory is also possible in civil proceedings for infringement of personal rights of the victim (art. 23 i 24 k.c.). In this case, the victim may seek compensation, compensation, and to remove the effects of such violations. by the deposit of a declaration in the prescribed form and content. This may include, for example,. for buying advertising on the web portal, where previously there was a violation of. The cost of such advertising in many cases can be very significant and represent a significant penalty for a person, which must publish such a statement.
If a competitor slandered defamatory, addition, the game can enter the law on unfair competition and a wide catalog of measures provided for therein (np. unjustified advantage edition, which he gained through the acquisition contract pomawiający pomawianego). This Act provides for the, that the act of unfair competition is m.in. dissemination of false or misleading information to other businesses in order to obtain the benefit or detriment.
In civil proceedings, but the problem may be to identify the perpetrator. While the police in criminal proceedings usually sets the owner of the IP address, which was published defamatory comment, whereas in civil proceedings is the victim often passed on your own, and administrators in many cases refuse to provide the identity of the perpetrator.
A portal administrator can respond
Polish court proceedings unfortunately not characterized by excessive speed, So it may take a lot of time away from posting defamatory comment to his removal as a result of a court judgment. It is therefore preferable to use other means of, which can quickly lead to the disappearance of a false alert network. In accordance with Article. 14 Law on electronic services for the content of the web is also responsible administrator of the portal, if after receiving reliable information about the unlawful nature of the content is not immediately prevented access to this content. Because this person putting an entry should prove its truth, usually the same denial of the content on the forum, along with an indication of, that it infringed the applicant's personal rights infringement should be sufficient to remove the entry from the portal. Administrators usually because they do not want to take the risk, that the entry proves to be defamatory, which will also threaten the liability for damages.
Be careful and fight the good name
Pomówionemu entitled arsenal is pretty impressive, so you want to fight for your good name. At the same time you have to be very careful with the formulation of their contributions to the forum, because one careless about this entry, że np. contractor does not pay (ultimately found not true), may result in pretty large unpleasantness.
And it would be a light in the tunnel, may indicate, our wild country that is a little more civilized if not for one thing – publication date comparison forum entries and judgment. Unfortunately, even in such a simple matter for the judgment waiting to 5 years – after all this time it's rather no one remembers what it was…
Sir Paul,
Great entry:-) Unfortunately, one adverse entry in the online forum can significantly make life difficult for entrepreneurs, a “unscrewing” damage suffered long and costly. Therefore, I believe, that the role of the courts should be adequately compensate the victims of damage compensation miarkowanym…
Yours sincerely:)
In these times of administrators for scammers and thieves protect. WITHHOLD ANY charge and you may need to seek the court orders the removal of entries.
With this announcement is not clear, in the judgment of the court to enter judgment held public. So I wonder whose initiative and at whose expense was published this ad? If the victim is an original idea that won the lawsuit, in turn, risks some sanctions against him for revealing the personal data of his opponent in the press 😉
And very well. Such behavior must be fought.
@ Robert
Nobody has occurred to me to delete an entry in the mode described above, so I assume, it does not contain illegal content, and placing an advertisement does not infringe anyone's rights 🙂
Hello Sir Paul
I have a case and I immediately thought about Mr. 🙂
I am a debtor, which notoriously avoids paying and responsibilities in this respect ( I loved it published here but I do not know if I can )
Debt is from 2011 , I gave the matter to the EPU in Lublin, obviously filed an objection to the payment Arrest, the case has been forwarded to Warsaw, pomima that I write from the place of my business , was sent there for a year with the judgment of the Court or the debtor did not receive the e-mail or something always in the way.
Finally, the District Court for Warsaw m.st Commercial Court VII sent wezawnie of appearance in the hearing through przesuchania, because it was the July 2013 , and we had to leave and 400km ( one-way) , asked for a hearing by way of legal aid in our Court. I called there, but every time I was informed that I have to wait. In January 2014 I was informed that the warrant is only klauzlę I ask for what I have done too.
Today came the letter that I move away to give this clause, because first, judgment was dismissed, ( of which I have knowledge, what is more, they do not have inforacji about my writing on the hearing by way of legal aid)
I have one more application to the same debtor and there he either writes back that he has not concluded a contract with me or does not receive mail from the Court
Do I still have a way out in this case , I have described. Because transport took place in August in 2011 and today we have 2014 , dismiss the judgment without our knowledge, sink my hands what I can do , please, some information
You write a request for advice from a lawyer on, where from the beginning should you engage a lawyer was…
How do you think – or any competent lawyer will provide you information without seeing the file and not knowing anything at all about it?
My advice is simple – please refer to the acts of the case, There you will read everything yourself – or convicted of, if so, what, Why you did not know about the date, etc.. I advise you to do this quickly, to keep or 7 day for application for restoration of the term.
If you have too far to jechania to court, Can you engage a local lawyer, who goes to court, will look through the files and solve this puzzle 😉
@ Gabiwr
Mr. Robert is right, that in this case were to consult with an attorney at the outset. I do not know the file, So I can only presume what happened. Refer the matter to the EPU in Lublin to Warsaw is completely normal – accordance with the provisions in the event of an objection, the case must be taken to court of general jurisdiction of the defendant. Writing for the court in the contract between the parties is not applicable in this case.
As for the judgment it seems, that at the hearing, where you have to be interviewed, the court dismissed the request for a hearing by way of legal aid (in the case of hearing, the courts very rarely include such requests), ignored the testimony of the plaintiff against the unjustified failure, closed the hearing and either gave judgment, or put down the date of its release publishing. The date of the publication reference the court has no obligation to notify the parties. In this case, the court dismissed the action, and to the failure to submit an application for justification, after 22 days of the announcement of the judgment became final. Currently, there is therefore likely to undermine the possibility of its. Same claims from 2011 r. are already barred (when it comes to payment for carriage), but it would not matter, if these claims have already been the subject of legal proceedings. In this case, there is res judicata and again, these claims can not be made to the court.
Anonymity on the Internet is already old news, although the majority use this medium users are not aware of it. These legal provisions on the subject, So actually if the admin turns out martinet this matter may end up in court.
Very interesting development, However, there is a few problems – from both the publisher and the pomawiającego.
First of all, the publisher informed of the violation of good entry should be deleted, However, if you want it to be on the base material is removed all available effects act, and restoration is often not an option. This applies to situations in which case we cyw / penalties consecutive, the time between one entry disappears.
Another issue is, as usual, to prove guilty, he is guilty… Though, that anonymity on the web is past is still very difficult to clearly identify a particular user. Here case concerned a social platform, However, the same IP or screen is not enough to identify the user.
I have a lot of information on international couriers whose notorious suspects for opening parcels sent abroad. The issue is hiding in packs of things forbidden in the carriage, stimulants or goods removed from the carrier regulations. Slander forums, shoutboxach whether the advertising business is the norm in this case, competition often leads black pr intentionally and believe me, hard to prosecute.
I am very happy, I ran it here, I give suba and I look forward to interesting content.
@ Viekar
If your competitors are doing, there is also an act of unfair competition. There is therefore the importance of, exactly who has committed an act. IP is sufficient evidence for a competitive business and you can against it apply to the court.
In principle, this simpler way for competition, Of course the more conscious person does “Black PR” the more proxy uses 😉 .
An interesting development of the theme are also forums and portals designed to comment on the situation in companies, or evaluation activities. Open is also the issue of the location of the server entry.
If false and defamatory comment appears on the site say it registered outside the EU, assume the US and Mexico in general or IP will help us?
But do not be so, that only those which do not know how harm will be punished, These will continue to be aware of and dealings practiced with impunity?
@ Viekar
In practice, it may be sometimes difficult, but the vast majority of entries is the work of, who only think, that are anonymous.
Hello,
I need your help.
Description : On 14.03 I was supposed to be loading in de Hamburg in hours 17-19, unloading the next day near Dortmund. Kierowca na załadunek podjechał już około godziny 12-tej. Oczywiście kazali mu czekać i tak czekał i czekał (oczywiście zgłosiłam spedytorowi prowadzącemu przyjazd auta na załadunek). I tak kierowca czekał do godziny 21. O tej godzinie poinformowali go ze go dzisiaj nie załadują i proszę o wyjazd auta z firmy. Kierowca wcześniej interweniował w tej sprawie chodził, mówił ze czas pracy ma do 21,30, pytał o której będzie ładowany itd. o tej 21-ej zgłosił mi, że nie będą go dziś ładować, ja natomiast przekazałam to dalej i poinformowałam ze auto wyjeżdża z firmy.
Problem pojawił się na drugi dzień czyli w czwartek rano. Ok. hours 7,30 poinformowałam jeszcze raz spedytora od którego miałam zlecenie ze nie mogę dziś załadować tego towaru, ponieważ nie dam rady jeszcze dziś się przeładować w dortmundzie a to auto w piątek musi być na bazie, Pan powiedział ze rozumie ze już dzwoni do klienta itd. Po przyjeździe do pracy o 8 dowiedziałam się, że już jest towar gotowy i muszę podstawić to auto . Tłumaczyłam jak wygląda moja sytuacja i ze nie mogę dziś wysłać auto w tamtym kierunku. Pan powiedział, że szuka auta zastępczego i mnie obciąży tymi kosztami. I teraz mam problem o takie obciążenie rzeczywiście przyszło i to na 250. Proszę o pomoc co robić jak się do tego ustosunkować .
Pragnę poinformować, że miejscem załadunku okazały się targi – o czym nie zostałam poinformowana, po drugie kierowca odstał na załadunku (w srode – czyli tak jak było na zleceniu) od godziny 12 do 21 .
Wyjaśnię dlaczego nie mogłam załadować tego w czwartek. Otóż sytuacja u mnie firmie wygląda tak, że auto wyjeżdża w trasę w poniedziałek rano i do piątku koniecznie musi wrócić ponieważ mamy wywóz towaru kontraktowego. Więc koniecznie każde auto do piątku musi wrócić żeby w poniedziałek ponownie wyjechać w trasę.
Proszę mi pomóc. Czy słusznie mnie obciążyli ? Tak naprawdę to ja byłam poszkodowana bo zostałam z autem bez ładunku i musiałam odwołać ładunek z Dortmundu. Informowałam na bieżąco o sytuacji .
Czekam niecierpliwie na odpowiedź i bardzo dziekuje
@ Kasia S.
A czy w zleceniu był zapis o braku opłat za 24 / 48 h postoju na załadunku?