The issue of infringement of dignity as a personal interests and problem of sharing content from third parties through hyperlinks
Problematyka naruszenia dóbr osobistych w postaci czci a udostępnianie treści pochodzących od osób trzecich za pośrednictwem hiperlinków
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The authors of the text discuss the problem of infringement of personal interests of a human being, which may occur on the Internet . The infringement may occur not only as a result of expressing a violation of such personal interests (author’s responsibility), but also when a person who using the functionality of a specific website or Internet portal provides content from third parties via a hyperlink . The analysis takes into account these issues both in relation to persons to whom the provisions of the press law apply, as well as entities that are not subject to this regulation . The authors put forward the thesis that a person placing hyperlinks to material infringing personal rights (thus sharing this material) can be con-sidered a violator of this good, with the proviso that by referring to a legitimate public interest action, he will be able to avoid liability . Invoking the exclusion of liability, she will be able to indicate that the repeal of unlawfulness results from acting within the legal order, exercising subjective rights, consent of the injured party as well as acting in defense of a socially justified social interest . With the reservation that in the latter case, acting in defense of a socially justified interest may constitute an independent exoneration condition.
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