Anyone who operates knows how crucial the image is. Sometimes, however, something can happen that will teardrop him down. And in an era where social media are very common, the hazard of escalation of specified a situation by reaching information that undermines the assurance of a given entrepreneur in broad – possibly unlimited – circles is enormous. Then we can talk about a full-fledged image crisis that needs to be resolved as shortly as possible. What can you do then? Where to find help? What laws give answers? And above all, what is the function of a lawyer in this?
What is an image crisis?
The very concept of crisis – utilizing a dictionary of the Polish language – must be understood as a situation in which a conflict becomes so serious that it threatens to break out a war, change of government or another extremist solution. However, if this definition is translated into a somewhat more mundane, appropriate level for the purposes of this Article, it should be said that the image crisis will be an event that will negatively affect the perception of the entrepreneur by society. It will harm the image of the entrepreneur, the consequences of which can be truly fatal. If they hold onto the image permanently adheres to the entrepreneur, it will affect straight the revenues obtained by him, and in the darkest scenario, the spiral of resentment towards him will lead to a complete collapse of the business.
That is why it is so crucial that the image crisis is resolved as shortly as possible. In accordance with the rule of ‘prevention alternatively than cure’, if a situation occurs in which this image of the entrepreneur is damaged and the full substance begins to escalate towards a complete image crisis, it is essential to act efficiently, courageously but besides responsibly and prudently.
What action should be taken erstwhile an image crisis occurs?
First of all, do not be hasty. You request to carefully and with a cool head measure the situation, analyse a variety of options and then decision on to action. It will not be a secret that the management of the image crisis is usually dealt with by specialist PR and marketing agencies. Therefore, it is not desirable to enter into their competence here, especially as each situation is somewhat different.
However, responding straight to the above – the first step after recognizing that the situation of a given entrepreneur is marked by an image crisis with which he may not manage on his own, it is worth simply addressing professionals. For PR agencies and specialised lawyers, managing crises in social media is everyday. frequently difficult, demanding hard work and frequently – but not always with “happy end” at the end, everyday life. Acting on your own, especially in quite a few stress, which in specified situations is completely normal, and besides under the influence of another strong emotions, can only make the situation worse.
Life example:
A car maker was accused by the public of utilizing engines in his products that do not meet the emanation standards. The amount of contamination they bring into the environment, promotes its degradation and contributes to global warming. An entrepreneur who was annoyed by accusations, posted an entry in the social media of his company, in which he laughed at environmentalists and challenged the effect of global warming.
Through this entry, the case became even more public, and the “pool of accusations” against the entrepreneur and his companies were inactive disrespectful to environmentalists and activists and climate deniism.
For this reason, acting on your own can frequently do more harm than good. It should besides be remembered that with an image crisis it is akin to a hollow boat – the more water is poured into it before the gap is plastered, the more you gotta pour out. If we do not respond sufficiently early or worse, we will lead to its escalation, the effects and harm can be irreversible even with the aid of the best PR and legal specialists.
Therefore, cooperation with both the marketing agency and the crisis can best be achieved by effectively addressing the crisis. Legal firm. After all, in the event of its occurrence, there are legal measures both to limit its scale (such as the "notice-and-takedown" procedure) or to remedy the harm if, on the occasion of the "hunt" on the entrepreneur, illegal actions have occurred.
By the way, in a metaphor with a hollow boat there is another valid similarity – yes, the boat can besides rapidly go down...
Why a lawyer?
The crisis itself should be managed primarily by a specialised agency, but the function of a lawyer can frequently be crucial. In the context of choosing the right strategy, communicating with the media or preparing the applicable communications, the main function is played by the PR, but at each of these stages, the lawyer can "put in his 3 cents".
First of all, in the preparation of all communications, it is worth that a professional lawyer acquainted with the rules on the protection of individual property should examine whether there is any violation of them. After all, we must act in accordance with the strategy described above and search deescalation. Violating individual else's individual property could only exacerbate the crisis.
Next, if criminal liability may be involved, it is worth that the lawyer should include in the message passages that may affect the punishment dimension. Let us emphasize – a lawyer is not a miracle individual who will change the situation of a individual in a crisis with a fewer magic phrases. If a individual commits a crime, he will gotta answer for it, but a reasonable lawyer may be able to show that the crime has not occurred or already at the phase of crisis management before the substance inevitably goes to court, so that the actions of the individual afraid are guided so that the punishment is as low as possible. The lawyer will besides advise what action to take to make the punishment as low as possible. frequently at the same time for PR reasons, giving up will be necessary. The public demands payment for a crime, so full avoidance of punishment would be wrong. However, an effective lawyer – as in the fresh case of Mrs. Beata Kozidrak – will be able to rise appropriate arguments to make its dimension acceptable to the client.
Example:
Celebrita drove the car under the influence of alcohol and drove into another, parked on the pavement of the car.
A marketing agency in cooperation with a lawyer will prepare a message in which the perpetrator will plead guilty, apologize, confirm that he sees the reprimand of his actions and regrets, and besides take steps to remedy the harm he has done. These actions may affect both the repair of the image and the simplification of the penalty.
An example of this is the situation in which a driver of alcohol was a typical of Poland in football Michał Żewlakow hit the city bus. Fortunately, no 1 was hurt, but the material harm was very great. Żewlavov, with advice from specialists, published the following statement:
“Last night I got behind the wheel of a car after drinking alcohol and caused a collision in which nobody was fortunately injured. There is no excuse for my deficiency of work and imagination. I apologize for my behavior, especially those closest to me and those who felt disappointed and disappointed in my attitude.”
He then promised to engage in activities promoting driver sobriety.
In the end, he was sentenced to a fine of PLN 20 1000 (the amount of the fine was adjusted to his advanced earnings), a 3-year ban on driving and a payment of PLN 5 1000 to the Fund for Harmful Assistance and Postpenitentiary Assistance. Given that under criminal law he was threatened with imprisonment of up to 2 years and the reprimand of the act committed by Zevlov, it should be considered that the court dealt with the perpetrator lightly.
It is so hard to ignore the function of lawyers and PR. These others have improved their image adequate that after the full event he returned to performing earlier roles, i.e. the manager of the sports club Motor Lublin and football expert in 1 of the most popular sports televisions.
Another aspect in which a lawyer can aid is to repair the harm caused by the crisis. In this regard, claims for compensation of various ointments may be involved, on the basis of which the unlawful behaviour of those active in attacking the entrepreneur is based. These may be injury stricte material (e.g. demolition of the premises as a consequence of the ‘stock’) but besides images, as below. In the event of appropriate circumstances, unfair competition claims may besides be considered.
Protection of the entrepreneur’s good name – legal aspects
But the most crucial thing a lawyer can do is fight for the entrepreneur's name. Many accusations made during the crisis will be possibly untruthful. The function of a lawyer in this area is to manage effectively to choice appropriate legal instruments to minimise harm to the image of the entrepreneur. This can consequence in what “turns off” the lies that have destroyed the image of the entrepreneur and then enable him to return to average business. Often, clearing the image in the courtroom, combined with the publication of an apology, is the only effective remedy. But is that a rule?
Our practice shows that not always – and even seldom – good tactics are hastily threatening lawsuits and bringing matters to court. Although frequently an entrepreneur, acting in an emotional way, demands this in a kind of "retaliation" for attacking his company, so frequently it will bring more harm than benefits. What, then, should be the legal framework?
First of all, he should discern whether we are actually dealing with a violation of individual property. The legal background of the situation should be outlined here.
Only 3 provisions will aid in this area, but their availability and purposeful indetermination leave much area for law enforcement. We are talking about Articles 23, 24 and 43 of the civilian Code. The first 2 find what individual goods are and what the victim may request if they are breached. They relate to a violation of the rights of individuals, so they do not concern entrepreneurs, companies, companies, etc. In this respect, Article 43 is helpful, which states that these provisions are besides applicable in the event of a breach of the individual property of a legal person, i.e. companies, companies, entrepreneurs, etc.
Article 23.
Personal property of a person, specified as health, freedom, honor, freedom of conscience, name or alias, image, correspondence secret, inviolability of an apartment, scientific, artistic, inventive and rationalist works, remains protected by civilian law regardless of the protection provided for in another regulations.
Article 24.
- 1. He whose individual welfare is threatened by another people's actions may request the omission of this action, unless it is not unlawful. In the event of a breach, he may besides require that the individual who committed the infringement complete the steps needed to remedy its effects, in peculiar that he or she make a message of the appropriate content and form. On the basis of the rules provided for in the Code, it may besides require a cash settlement or payment of an appropriate monetary sum for the social intent indicated.
- 2. If harm to property has been caused as a consequence of a individual injury, the injured individual may request compensation on general terms.
- 3. The above provisions do not prejudice the powers provided for in another regulations, in peculiar copyright and inventorial law.
What are the individual interests of a legal person?
In this respect, the case law of the courts, which in the event of a dispute over the individual property of a legal person, will be decisive, will be helpful.
‘The individual interests of legal persons have been defined as non-material values by which the legal individual can operate according to its scope of activity.’
Judgment of 14 November 1986, II CR 295/86, OSNCP 1988, No. 2–3, item 40
"One of the fundamental individual rights of a legal individual is the reputation (good name, prestige) of an enterprise understood as a general affirmative image and assessment of consumers corresponding to the worship of a natural person. :
Judgments of the Court of Appeal in Warsaw of 19 December 1995, I ACR 1013/95
The protection of the individual property of a legal individual shall, in principle, cover the goods relating to its functioning and guarantee that it does not interfere with its operation, in peculiar its name (company), trade mark, commercial opinion, correspondence secret. A good individual individual is besides his good name understood as good fame, brand, reputation, established position. It is not possible to delegate individual property to a legal person, which is related to having a sphere of feeling, specified as dignity. It should be stressed that the protection of the individual property of a legal individual depends only on the objectively established fact that the individual property of a legal individual has been infringed.
Judgment of the Bialystok Court of Appeal of 6 November 2015. And ACa 585/15 Specificity of protection of the individual property of a legal person.
In general, therefore, without going into detail, the individual properties of the legal individual will primarily be its good name and everything that follows, i.e. position on the market, reputation, reputation, commercial opinion, brand or authority. At the same time, the legal individual cannot be credited with individual property associated with having a sphere of feeling. These are reserved for individuals only.
When are the individual property of the legal individual affected?
Violation of individual property of a legal individual may take 2 forms and may be of 2 character. It may be a lying fact or an unauthorised opinion and may be of a private or public nature.
The criterion of fact/opinion does not seem to rise much doubt. In the event of a individual good being breached by a false fact, verification shall be made by comparing it with the facts.
The situation is more complicated erstwhile a breach of the individual property of a legal individual is marked by a valuable statement. According to the ultimate Court judgement of 10 November 2005 on the signature V CK 314/05: ‘A valuable message (value) may lead to a violation of individual property if it is not based on a real, assessed event.’ It is so much harder to show that specified a message is not based on reality.
In short, if the message that we analyse for individual property infringement is simply a fact, we measure whether it is actual (no infringement) or false (infringement). However, if it is an assessment, it should be determined whether it is justified or not.
Example:
Patrick posted a comment on the web saying, “Don’t eat in restaurant X! The conditions in their kitchen are disgusting, even rats run there!” Thus, he first made a message of an evaluation: “The conditions in restaurant X’s kitchen are disgusting” and then the fact: “There are rats in restaurant X”. In fact, however, Restaurant X takes large care of hygiene and its kitchen meets all the requirements imposed by the wellness department and has never been a problem with rats. This means that Patrick's opinion about the conditions in the kitchen is not actually covered (infringement occurs), and the fact that there are problems with rats is false (infringement occurs).
Restaurant X can easy prove its point, as Patrick gave both a false fact and a false opinion.
The second criterion mentioned in the introduction is the public/private nature of the infringement. However, it does not affect the very fact of its occurrence, but its severity, and so the degree of the liability of the infringer. Moreover, it is not essential to show that the violation of individual property has caused a circumstantial social reaction to admit that individual property is being violated. According to the jurisprudence of the ultimate Court: “It may be adequate to establish that a message may have possibly led to a negative assessment of the individual demanding the protection of his goods”.
The infringement is of a public nature erstwhile it is addressed to a possibly unlimited or unspecified group of addressees (e.g. giving an opinion during a live tv interview). However, the private nature is characterised by the fact that the behaviour is directed towards a circumstantial audience. Without getting into unnecessary debates on the subject, 1 should only consider the situation most likely very typical and ambiguous – how is it with Facebook?
It is hard to say – on the 1 hand, there is simply a court ruling in circulation that determines that the entry on the available social network is public, but is widely criticized. Each situation must be assessed individually. In our practice, we have already encountered various views of the organs on this matter.
Last, but not least – unlawful infringement. Violation of individual property of a legal individual must besides be illegal. Any action which is contrary to the legal norm, the legal order and the principles of social coexistence should be considered unlawful. Any action infringing a individual right shall be considered unlawful if there is no circumstantial circumstances justifying it and that the circumstances excluding the unlawful infringement of a individual right mostly include: action under the legal order, i.e. action permitted by the applicable law, the exercise of a individual right, the consent of the victim and action in defence of a legitimate interest.
Judgment of the Court of Appeal of 20 December 2018. And ACa 922/18 Presumption of illegality with Article 24 k.c. The wrongful act of the perpetrator.
Also important, Article 24 KC determines the presumption of illegality of the infringement. This means that it is assumed that this action is illegal and that the offender, in order to prove his innocence, must prove that he acted in accordance with the law.
In conclusion, a breach of the individual property of a legal person:
- It's an act that reconciles her well - understood name
- It must be illegal, but there is simply a presumption of illegality
- It may consist of a false fact or an unauthorised opinion
- It may be private or public
- Powers the victim to demand:
- Failure to act;
- Complete the actions essential to remedy the consequences of the infringement by the breacher;
- Submission of a message of the applicable content by the infringer;
- Payment of compensation;
- Compensation payments;
- Payment of the appropriate sum for the selected social objective.
The lawyer should so act to minimise losses, but besides not let reconciliation in the client's good name. Therefore, we can talk about both defensive actions, as well as advice on published messages or simply protecting the client from court, but besides offensive actions. Here, for example, we are talking about defending a good customer's name by the law provided for, both before the court or through appropriate pre-trial writings, but besides in correspondence with host-providers in the form of Facebook or Google to remove false entries about the client.
This text is full based on the experience we have gained in helping customers. We know what action needs to be taken at a certain phase of the image crisis, how to undo any things, but besides what seem to be needed, but not what to do. We helped business customers, but besides private customers. We exchanged correspondence with Google and akin suppliers.
We invitation you to contact us and supply the highest quality of services provided. We are aware of the specifics of specified orders, so we frequently act on the basis of emergency services, and so besides “after hours”.
