Primary source and decision
- Case number
- №ას-622-2022
- Decision date
- July 5, 2023
- Court publication
- საქართველოს უზენაესი სასამართლოს გადაწყვეტილებანი სამოქალაქო საქმეებზე, 2025, №5, p. 4
Independent educational commentary on a public judgment, not a Legal Actions client matter. Judicial reasoning is fact-specific. This article does not replace legal advice; verify current law and more recent cases before relying on it.
1. What triggered litigation
The dispute concerned published material allegedly harming honour, dignity and reputation. The Supreme Court considered the relevant legal framework and left the contested appellate decision unchanged. The issue was not whether criticism is forbidden but how a particular statement is legally classified and proved.
2. Distinguish fact from value judgment
An objectively verifiable allegation and an opinion may raise different questions. Preserve the exact words, publication date, reach and context; do not rely on paraphrases that can change the statement’s meaning.
3. Evidence of publication and response
Maintain authenticated screenshots, original pages or recordings, correspondence and any correction request. Before publishing a response, consider whether repeating a contested allegation could amplify the issue.
4. Facts, opinions and the actual audience should not be conflated
A business may feel harmed by harsh criticism, but the relevant analysis must begin with the exact published language and its context. An allegation capable of factual verification differs from a value judgment; the lawful scope of a response depends on the statement’s meaning, publication and supporting evidence. Preserve the original page, timestamps and dissemination records rather than reconstructing a quotation from memory. A correction demand, litigation or public response can have different consequences, including the risk of repeating a damaging statement. Court scrutiny is fact-specific and should not be turned into a general rule that negative reviews or criticism are automatically unlawful.
5. A reputation policy for companies
Introduce a review process for public accusations about competitors, officials, employees and customers. Separate evidence-based information from marketing exaggeration and do not imply that professional success depends on privileged government access.
6. The wording must be preserved before the dispute is reframed
Suppose a publication describes a company as “unreliable” and also alleges it falsified a specific financial record. The first may be evaluative in context; the second is a statement capable of factual proof. A claimant must not simply group them under a single heading such as business reputation. Preserve the exact page, date, author, distribution and relevant source records. Before reacting, consider whether a measured correction or evidence-based clarification can resolve the issue with less additional publicity. A formal demand should identify the passages and relief sought without presenting every critical opinion as defamation. That distinction is central to a proportionate legal strategy.
Questions to consider
Is every negative statement defamatory?
No. Classification depends on the statement, its factual nature, context and applicable legal elements.
Should a company respond immediately in public?
Not always. Preserve evidence and assess whether a correction, private request or legal response is appropriate.