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Berkut special police force chief accused of attack on journalist

25.02.2013, 08:58
 On February 14, 2013, the Kyiv Court of Appeal ordered the owners of Justinian and Ukrayinska Pravda web sites to refute the information posted in the comments on the sites. In line with the court ruling, the refutation should be placed on the home page of the web sites, the Institute for Regional Press Development (IRPD) reported.

The suit against web sites was brought by Oleksander Syvolapenko and Eurotransgroup Ltd.. The subject of the claim was a post titled "Feats" of Alexander Litvinenko - Sasha Samara - "Parrot" and his accomplices" of January 27, 2012, posted by citizen Lyudmila Dankovych-Hlynska in the "Complaints and Proposals” section of Justinian web site. The claim also dealt with a post of the same author in the people’s blogs section on Ukrayinska Pravda web site, which was posted on  April 22, 2009.

IRPD media lawyer Liudmyla Opryshko commented on the court ruling: "This ruling is a precedent and it does not take into account the practice of the European Court under Article 10 of the European Convention on Human Rights, and contains many violations of Ukrainian legislation. This is a dangerous precedent, because it creates a negative practice of laying responsibility on one person for statements of another person. Thus, it appears, the site owners are responsible not only for the information they publish, but also for comments on their sites. "

The ruing of the Kyiv Court of Appeal will be challenged in the High Specialized Court of Ukraine for Civil and Criminal Cases.

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