RIGHT TO HONOR OF THE LEGAL ENTITY AND OF THECOMPANY. Your reputation on the internet.
The Spanish Constitution recognizes as Fundamental Rights the right to honor, to personal and family privacy and to one's own image. These are inalienable, inalienable and imprescriptible rights, which are not absolute, and easily collide with each other and with other rights.
The right to honor protects against attacks on the personal reputation of natural or legal persons, preventing the dissemination of insulting or vexatious expressions or messages that objectively cause their discredit, harm their dignity, undermine their fame or threaten their own esteem.
The placement of listening or filming devices to record the intimate life of people, the disclosure of facts relating to the private life of a person or family that affects their reputation, the disclosure of letters or intimate personal writings, etc., are samples of possible infringements of this right.
The right to the image supposes the prohibition of the reproduction of that of a person without his consent. The following are cases of illegitimate interference: the capture, reproduction or publication of photographs with the image of a person in places or moments of their private life or outside of it, or the use of the name, voice or image of a person for advertising or commercial purposes. .
These rights are not absolute, as there are circumstances in which they may be transferred, as occurs in cases where it is expressly authorized by law or by the competent authority, when the owner has given his consent, or when a historical interest predominates. relevant scientific or cultural
The statements made to infringe these fundamental rights, objectively considered, under their formulation of criminal accusations, must be considered as unequivocally insulting or vexatious expressions with a clearly offensive or defamatory content, unnecessary to express the opinion or assessment in question.
Professional prestige is included within honor when the information disclosed about a person's professional or labor conduct may constitute a genuine attack on his or her personal honour. In these cases, the formally insulting or unnecessary qualifiers for the message to be transmitted, the vexatious, disqualifying or outrageous criticism of a person, are directed against their behavior in the area in which they carry out their work or occupation, and may make them discredit before the opinion of others with the same intensity and damage as if the disqualification went directly to his person.
Professional activity is usually one of the most outstanding forms of external manifestation of the personality and the relationship of the individual with the rest of the community, so that the injurious or unnecessary classification of this behavior has a special and intense effect on said relationship. and on what others may think of a person, having an impact both on the patrimonial results of his activity, and on the personal image that one has of him.
ONLINE REPUTATION OF LEGAL ENTITIES.
Reputation is part of the honor of legal persons, understood as the estimate or appreciation that the public has of it. The corporate reputation of legal persons or companies is the consideration, opinion or assessment that the public has of a company. Given the rise of the Internet and social networks, companies are gaining an increasing presence in these environments, thus, the configuration of their reputation or prestige is elaborated largely by what happened in these environments.
In this case, corporate online reputation consists of the image or reflection of its prestige on the Internet. It is the assessment that a company obtains from its public, and that is created by itself (Web, Twitter, Facebook, Instagram, Pinterest, etc.), and by the rest of the people who express their opinion about it on the internet and social networks .
Online reputation is increasingly important, and an asset that companies have to take care of and take into account.
According to the study carried out by IAB Spain (Interactive Advertising Bureau) on the use of social networks, it stands out that 23% follow a commercial brand, 19% use them to buy a product or service, and 12% to contact them through customer service.
Online reputation and identity differs from those in the offline world:
The permanence of the information published on the Internet makes its disappearance or total deletion almost impossible. There is a lack of control of the service in which the opinion is left, since it is normally managed by a third party, to whom you must go if you wish to request the removal of any content, leaving you at the mercy, at least initially, of what the owner or administrator of the page do.
The power acquired by users by sharing experiences and knowledge about certain products or services, makes them acquire a very important power regarding the reputation that a company builds. The comments and opinions of the users inform other users and influence the acquisition or hiring decision of the potential new client.
Internet speed. The information that is published on the Internet is available from practically the moment it is published. Entrepreneurs must be constantly alert and control what is published about their companies and the opinions that are expressed about it.
THREATS OF THE ONLINE WORLD.
The Internet does not alter the rights of legal persons or companies that see their corporate image and reputation damaged in the offline world, although the characteristics of the online environment require taking into account different factors for its management or repair, in the event of damage. .
Complete repair of the damage caused through these means is practically impossible. The dissemination and reach of the publications on the Internet have no limits, so even if the harmful information is removed, this does not mean that it will disappear, since there will always be copies, downloads, prints and screenshots already made before the removal.
MAIN THREATS OR RISKS that companies that operate and interact on the Internet must face:
Abusive domain name registration.
Register of similar names.
Distributed denial of service attacks, which leave our server inoperative, due to saturation or collapse due to the sending of requests or massive downloading of files, activities that make the corporate website stop working and cause damage to its image and online reputation .
Leakage of information that is later published on the internet, seriously compromising the company by questioning its security systems, protocols and controls
Publications by third parties of negative information about the products or services offered by the companies, user interaction that can, on occasions, be harmful and impair their reputation, or even violate their right to honor.
Unauthorized use of industrial property rights, your industrial designs, your trade name or your brand. The legal consequences are usually treated from the practice of unfair competition
Identity theft also affects the company's reputation: phishing (the fraudster usurps the identity of a company so that the recipient of the electronic communication provides private data, such as their current bank account, credentials, passwords, etc.) Pharming (the fraudster modifies the name resolution mechanisms through which the user accesses the company's web pages, in such a way that when the user enters the official address of the web, he is automatically directed to a fraudulent website that impersonates the official.)
ACTIONS TO BE TAKEN BY COMPANIES THAT SEE THEIR HONOR VIOLATED, SUFFER AN IMPAIRMENT OF THEIR REPUTATION OR ARE THE OBJECT OF INJURIES.
Recognized by the Constitutional Court, the protection of companies in their right to objective honor, that is, in the esteem or corporate reputation, they can exercise legal, civil and criminal actions, to prevent information that violates their honor and causes an impairment in their prestige, they can also demand that they be removed from the network, and even be compensated for the damages that this violation has caused them.
Companies can also request the deletion or deindexation of data on the Internet.
When the right to honor of the company whose reputation has been damaged enters into collision, and the right to freedom of expression in which the author of the published content is protected, the limit is found in the rejection of the existence of the right to insult. Freedom of expression does not protect the use of insulting expressions or qualifications made with the intention of belittling someone.
Freedom of expression protects criticism, and this, at times, can be annoying or hurtful, however, the use of insulting expressions is not covered, in this way, the courts have considered that there is only insult when the opinion includes vexatious expressions or injurious unnecessary for the emission of the message.
Nor may communications or information be published that is untrue and violates the honor of companies, impairing it.