Reputation defence in transport
About
Reputation defence in transport has become as important as fleet management or fuel costs. In the road haulage industry, contractors are chosen within minutes on the basis of ratings, comments and “black lists” published on freight exchanges, transport portals and online groups for carriers and forwarders. A single false entry describing a company as a non-payer or an unreliable partner can block access to new orders. We help transport companies respond to false and harmful opinions, secure the removal of unlawful content and pursue claims for the protection of their good name and business reputation in Poland.
Why Online Opinions Matter in the Transport Industry
Freight exchanges and industry platforms operate as closed marketplaces where reputation is built on ratings and payment histories. Negative entries are often published in the heat of a dispute – for instance, when a principal withholds payment after alleging damage, or when a subcontractor publicly labels a company a debtor even though the claim is disputed or has already been settled. Some entries come from competitors or from fake accounts. Regardless of the source, the consequences are real: lost orders, termination of cooperation and a decline in credibility with insurers and financing institutions.
Legal Instruments for Protecting Reputation
Polish law offers several complementary instruments. Under Articles 23 and 24 of the Civil Code, read together with Article 43, a company may seek protection of its personal rights, including its good name and business reputation. The court may order the infringer to cease the infringement, remove its effects – for example, by publishing a statement with specified content – and pay financial redress or a sum to a social cause. Compensation for property damage, such as lost profits, may be claimed under general principles.
The Act on combating unfair competition treats the dissemination of untrue or misleading information about an entrepreneur, with the aim of harming it or gaining an advantage, as an act of unfair competition. This is particularly relevant where the author of the entry is a competitor. In more serious cases, defamation may constitute an offence under Article 212 of the Polish Criminal Code, prosecuted by private indictment.
Online platforms are also subject to the EU Digital Services Act, which requires them to provide notice and action mechanisms for illegal content, to state reasons for their moderation decisions and to operate internal complaint-handling systems. Freight exchanges often additionally have their own regulations and dispute procedures, which can be used to request the suspension or removal of an entry.
How We Respond to False Entries and Defamation
Every case begins with securing evidence, as online content can be edited or deleted. We document the entries, analyse their wording and distinguish between lawful criticism, which is protected by freedom of expression, and false statements of fact, which may be challenged. On this basis, we select the most effective course of action:
- formal notices to the platform or freight exchange requesting the removal of unlawful entries,
- use of internal complaint and dispute procedures of the platform,
- demand letters to the author requiring removal, correction or an apology,
- applications for interim relief to prevent further dissemination of the content,
- civil claims for the protection of personal rights and unfair competition claims,
- private criminal complaints for defamation where justified.
Where the author of the entry is anonymous, we analyse the available legal routes for identifying the person responsible. We also help companies respond appropriately to the underlying dispute – for example, by resolving the payment issue that triggered the negative entry – because a reputation strategy is most effective when it addresses both the content and its cause.
Prevention and Crisis Management
Reputation protection is not only a reaction to attacks. We advise transport companies on how to respond publicly to criticism without escalating the conflict, how to document the performance of orders to be able to refute false accusations, and how to formulate contractual provisions on confidentiality and the publication of opinions. Regular monitoring of how the company is described on industry platforms allows harmful entries to be identified before they affect business relationships.
A quick response is essential. The longer a false entry remains visible, the more contractors see it and the more difficult it becomes to reverse its effects. At the same time, a poorly prepared reaction can attract even more attention to the dispute. Legal support from the very beginning ensures that the response is proportionate, lawful and effective.
If your transport company has been the target of false opinions, defamatory accusations or unjustified “debtor” entries, Kopeć Zaborowski Adwokaci i Radcowie Prawni will help you protect your good name. Contact us to discuss your case. See also our Protection of reputation in Poland practice.
Bibliography
Act of 23 April 1964 – Civil Code (Poland), Articles 23, 24 and 43.
Act of 16 April 1993 on combating unfair competition (Poland).
Act of 6 June 1997 – Criminal Code (Poland), Article 212.
Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act).
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