Pre-trial complaint to the online publication news channel about the deletion of a publication that does not correspond to reality
To the Online publication Tengrinews
Effective Media Liaison LLP
BIN: 080940014680
88 Karasai Batyr Street, Almaty
+7 (727) 3888 138
news@tn.kz.
from: And A B
IIN: .
Representative, Lawyer: Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
PRE-TRIAL CLAIM
Dear editors of the Tengrinews online publication!
On your official tengrinews page.kz published posts with the participation of a citizen And A B, containing deliberately false, unreliable and untrue information.
Links to posts:……….
1. ……………………………
The distributed materials contain information that does not correspond to reality: publications attribute to her victories in contests in which she did not participate, titles that she does not possess, as well as achievements that did not take place in reality. Moreover, some publications claim that she got on the covers of magazines or represented Kazakhstan at international competitions, although in fact this did not happen. Some of the articles are written in Russian, Kazakh and English, which increases the scale of the dissemination of false data and causes even greater damage to its reputation.
In accordance with Article 145 of the Civil Code of the Republic of Kazakhstan, no one has the right to use the image of any person without his consent.
According to paragraph 2, Article 143 of the Civil Code of the Republic of Kazakhstan, if information discrediting the honor, dignity or business reputation of a citizen or a legal entity is disseminated in the media, it must be refuted free of charge in the same media.
If the specified information is contained in a document originating from the organization, such a document must be replaced or recalled with a mandatory notification to the addressees about the inconsistency of the information contained in this document.
Also, according to Article 4 of the Law of the Republic of Kazakhstan "On Mass Media", one of the main principles of the media is the reliability of the information disseminated. Moreover, in accordance with paragraphs 2), 4) and 6) of part 4 of Article 26 of the said Law, the journalist and the editorial staff are obliged to take measures to verify the accuracy of the information disseminated, not to disseminate information that does not correspond to reality, and also to respect the rights and legitimate interests of individuals. The publication by the Tengrinews editorial board of materials containing deliberately false information about my client indicates a violation of these legal requirements and is an illegal dissemination of false information.
In connection with the above, we ask you to delete all publications that contain false information about And A B, regardless of the language of publication and the date of publication, within three working days from the date of receipt of this claim. In case of non-fulfillment of the requirements within the prescribed period, we will be forced to file a lawsuit with the court to protect the violated rights of the principal, as well as initiate bringing the publication to justice in accordance with the procedure established by law with the recovery of representative expenses in the amount of 1,000,000 tenge, court costs and compensation for moral damage.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party.
152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.
With respect,
And A.B.
Lawyer: Sarzhanov, G.T.
Attention!
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