Decision of the Cassation Civil Court
The Cassation Civil Court as part of the Supreme Court of Ukraine ruled in favor of Lyudmyla Hryhoryevna, the widow of a firefighter-liquidator of the Chernobyl disaster. The court recognized the use of her name and her husband’s name, Vasyl Hryhoryev, in the series 'Chernobyl' as a violation of rights. As a result, the amount of compensation for moral damage was increased to 500 thousand UAH.
Lyudmyla Hryhoryevna filed a lawsuit in April 2020, requesting 2.5 million UAH for moral damage. According to the plaintiff, the series insulted her honor and dignity, as the characters were presented in a context that does not correspond to reality. Currently, the NVO denied the fact of violating the plaintiff's name rights, asserting that the series is artistic and not documentary.
Importance of the Decision
The series 'Chernobyl' became the highest-rated in film history according to IMDb, indicating its popularity among viewers. The main events of the series take place 33 years ago on the territory of what was then the Ukrainian SSR. This emphasizes the importance and sensitivity of the topic regarding a tragedy that affected the lives of many people, including the families of liquidators. The Supreme Court's decision was an important milestone in the case of protecting the rights of individuals whose names are used in media and may have consequences for similar cases in the future.
This verdict highlights the growing attention to personal rights in the context of using a person's name in media, especially in artistic works that may be perceived as offensive. The significance of this decision lies in its potential to serve as a precedent for other cases where content creators will need to be more cautious in using real names to avoid legal consequences. This also reflects society's sensitivity to historical events that still have a significant emotional resonance for many Ukrainians.