KONFLIKT SLOBODY PREJAVU A OCHRANY OSOBNOSTNÝCH PRÁV OSÔB VEREJNÉHO ZÁUJMU V ROZHODOVACEJ PRAXI SÚDOV
Freedom of expression and protection of personal rights of public figures conflict in judicial decisions
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Freedom of expression is protected by Article 10 of the European convention of human rights and also by Article 26 of the Constitution of Slovak Republic. The Constitution, as well as the Convention, sets limits upon which freedom of expression can be restricted. However, journalists and mass media have a privileged position from these restrictions, especially when reporting matters of public interest. Journalists have a social obligation to provide information and ideas on all matters of public interest and the public is entitled to receive such information. Journalists are even allowed to use some degree of exaggeration and provocation. In Slovakia we can observe that public persons, for example politicians or judges, take action against the media for alleged damage to their reputation and honour by publication of false information, unreasonable criticism or even the publication of their cartoons. Slovakian courts often decide in favour of public figures and media have to pay these persons high financial compensations. In this article the author examines approach of Slovakian courts in comparison with decisions of Constitutional court of Slovak Republic, Czech Republic and the European court of human rights.
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