Protection of the right to freedom of expresion of thoughts and ideas of citizens

Case:

Defence of environmental activist Malytsky O.

Essence of case:
Protection of the right to freedom of expression of thoughts and ideas of citizens.

Parties:
Environmental activist, the member of the Сouncil of Regional Association ”Zeleny Svit” O. Malytsky; newspaper “Vechirniy Mykolaiv”.

State Enterprise National Nuclear Energy-generating company “Energoatom”(SENNE) represented by separate subdivision South-Ukrainian Nuclear Power Plant (SUNPP).

Essence of problem:
SENNE “Energoatom” represented by separate subdivision South-Ukrainian Nuclear Power Plant(SUNPP) filed suit to Lenin Rayon Court of Mykolaiv City on protection of honor, dignity and business reputation, demanding to disprove unreliable, as plaintiff claimed, information, spread by O. Malytsky, and compensation for moral damage in the amount of 100 thousands grivnas.

Main Facts:
SE NNEC “Energoatom” represented by South-Ukrainian Nuclear Power Plant addressed to the court because of spreading, as its representatives claimed, unrelible facts in the article “Tashlyk Pumped Storage Hydro Station – is it so necessary?”, published 17 May 2005 in the local newspaper “Vechirniy Mykolaiv”. The plaintiff considers, that by this publication defendant encroached upon the business reputation of SE NNEC “Energoatom” and as the result inflicted moral damage in the amount of 100 thousands grivnas. The plaintiff asks the court compensation of moral damage from O.Malytsky in full, disproving of unreliable information, spread by O. Malytsky and bringing excuse to the plaintiff. As to the second respondent – editorship of the newspaper “Vechirniy Mykolaiv” the plaintiff demands from it only to publish the disproval of O.Malytsky.

The article, written by defendent, are based on the information from official sources, publications in mass media, devoted to the problems of ensuring nuclear and radiation safety on the Nuclear Power Plants of Ukraine, development of atomic-energy industry of Ukraine and the building of Tashlyk Pumped Storage Hydro Station as the part of South-Ukrainian energy complex, and is the continuation of discussion, matter public concern.
The publication of this article, in our opinion, is the way to exercise the right to freedom of expression of thoughts, that is set out in 10 article of European Convention on Human Rights and Fundamental Freedoms, and constitutional right to freedom of expression of thoughts and ideas, restriction of which with the aim to protect business reputation of the legal entity – state enterprise – is illegal.
"Environment-People-Law" (EPL) (formerly Ecopravo-Lviv) provides law assistance to defendant and represents his interests in the court. Foundation prepared and filed to the court the statement of defence.