The limits of lawful journalistic activity and the duty to indemnify
Weighing up constitutional values
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The aim of this article is to analyse the balance between constitutionally guaranteed rights - freedom of the press and personality rights - in the light of constitutional values and civil liability. The Federal Constitution guarantees freedom of social communication (art.220, §1), as well as guaranteeing everyone freedom of thought, free expression of this thought and access to information. However, the Constitution also protects personality rights - the right to reputation, honour and image, which are often violated as a result of journalistic activity. However, the solution to this conflic...
The aim of this article is to analyse the balance between constitutionally guaranteed rights - freedom of the press and personality rights - in the light of constitutional values and civil liability. The Federal Constitution guarantees freedom of social communication (art.220, §1), as well as guaranteeing everyone freedom of thought, free expression of this thought and access to information. However, the Constitution also protects personality rights - the right to reputation, honour and image, which are often violated as a result of journalistic activity. However, the solution to this conflict does not lie in denying any of these rights, but in weighing and balancing their application so that they coexist harmoniously, respecting constitutional principles. To reach this conclusion, the methodological procedure to be used in this work involves researching the law, doctrine and case law.
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