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ENHANCING THE EFFECTIVENESS OF CIVIL-LEGAL REMEDIES FOR
PROTECTING AN INDIVIDUAL’S HONOR, DIGNITY, AND BUSINESS
REPUTATION ON SOCIAL NETWORKS
Sarsenbaeva Ellada Tengelbaevna
Student of the Faculty of Law, Karakalpak State University
https://doi.org/10.5281/zenodo.15286882
Introduction
Nowadays, the use of social networks in Uzbekistan is rapidly increasing,
becoming an integral part of both public and personal life. This process is
bringing about new challenges related to the spread of false and offensive
information that harms an individual’s honor, dignity, and business reputation
[1]. The unique characteristics of social networks—such as the rapid
dissemination of information, broad coverage, the possibility of anonymity, and
the difficulty of deleting content—set new tasks for legal protection
mechanisms, unlike traditional mass media. The Constitution of the Republic of
Uzbekistan guarantees the inviolability of a person’s honor and dignity [2], yet
ensuring the effective protection of these guarantees in the digital space remains
a pressing issue.
Existing civil-legal remedies and their analysis in the context of social
networks
Uzbekistan’s legislation establishes the main civil-law remedies for protecting
an individual’s honor, dignity, and business reputation. According to Article 100
of the Civil Code, a citizen has the right to demand a retraction through the court
of information that damages their honor, dignity, or business reputation,
regardless of the fault of the person who disseminated such information. The
citizen also has the right to publish a response and to claim compensation for
both material and moral damages. Articles 1021 and 1022 of the Civil Code
define the grounds and procedure for compensating moral damage (physical or
emotional suffering). Notably, moral damage caused by the dissemination of
defamatory information is to be compensated in monetary form, irrespective of
the fault of the offender. General rules regarding the dissemination of
information are also reflected in laws such as the “Law on Informatization” and
the “Law on Principles and Guarantees of Information Freedom.”
However, the unique nature of social networks creates a number of
difficulties in applying these legal remedies:
Anonymity:
The difficulty of identifying the offender (the original
disseminator of the information) complicates the imposition of liability under
Articles 985, 100, and 1021 of the Civil Code. Although the legislation is designed
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to establish liability for the guilty party [3], in practice it faces the barrier of
online anonymity.
Rapid and widespread dissemination of information:
The viral nature
of content distribution reduces the effectiveness of the retraction mechanism
provided under Article 100 of the Civil Code and complicates the assessment of
damages (Articles 14 and 1022).
Difficulty in deleting content:
Once information is spread, it becomes
nearly impossible to completely remove it from all platforms.
Transboundary nature:
When information is disseminated by platforms
or users located abroad, enforcing decisions of Uzbek courts becomes
problematic.
Platform liability:
The issue of whether social media platforms bear legal
responsibility for user-generated content remains unclear.
Challenges and Proposals for Improving the Effectiveness of Legal
Remedies
In the context of social networks, several challenges hinder the
effectiveness of existing legal remedies. These include the difficulty of
identifying the offender, collecting digital evidence and ensuring its admissibility
(such as the need for linguistic expertise), objectively assessing the material and
moral damages inflicted [3], difficulties in enforcing court decisions (especially
regarding foreign platforms), and the ambiguity surrounding the liability of
platforms.
Although national legal scholarship addresses issues such as tort
obligations and compensation for moral damages, there is still a lack of research
and specific proposals dedicated to protection mechanisms in the context of
social networks. A brief overview of foreign experiences shows that different
approaches exist, such as intermediary (platform) liability regimes and the
concept of the “right to be forgotten.”
To address these issues and enhance the effectiveness of legal protection,
the following proposals are put forward:
1.
Improving judicial practice:
Adoption of new explanatory
decisions by the Plenum of the Supreme Court specifically focused on protecting
honor, dignity, and business reputation in the context of social networks.
Enhancing judges’ specialization or qualifications in dealing with digital
evidence and online defamation cases. Developing a unified methodology for
damage assessment in the online context.
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2.
Technical and organizational measures:
Establishing cooperation
between law enforcement bodies, courts, and platforms to identify users (while
ensuring privacy protection).
3.
Enhancing platform responsibility:
Encouraging platforms to
implement clear and efficient internal mechanisms for removing defamatory
content in accordance with Uzbek legislation. Creating legal grounds to
incentivize or compel platforms to assist in identifying users upon lawful
request.
Conclusion
The Civil Code of the Republic of Uzbekistan provides the main legal
remedies (Articles 100, 1021, and 1022) for protecting an individual’s honor,
dignity, and business reputation. However, features of social networks such as
anonymity and the rapid spread of information hinder the effective application
of these remedies in practice.
To improve the effectiveness of protection, it is necessary to introduce
specific legislative amendments, adopt special explanatory resolutions by the
Plenum of the Supreme Court concerning social networks, strengthen
cooperation with platforms and define their responsibilities, as well as improve
procedures for handling digital evidence and assessing damages. In the digital
age, adapting the legal framework to the demands of the time is essential to
ensure the full protection of fundamental human rights.
References:
1.
O‘zbekiston Respublikasining
qonuni.
(2003).
Axborotlashtirish
to‘g‘risidagi Qonun, 560-II-son (11-dekabr). https://lex.uz/ru/docs/-83472
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Oqqulov, O., Egamberdiyev, E., Baratov, M. X., Kuldashev, N. A., va boshq.
(2022). Fuqarolik va oila huquqi: Darslik.
3.
https://yurkitob.uz/uploads/pdf/adv/83.pdf
4.
O‘zbekiston
Respublikasining
Fuqarolik
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Lex.uz.,
https://lex.uz/mact/111189
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zarar o‘rnini qoplash tartibi va usullari, qonunchilikni takomillashtirish
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