26.10.2015
PERSONAL RIGHTS AND MEDIA CRISES
“Smile! You’re on candid camera!” Journalistic provocations versus privacy protection in the ECHR’s decision in Bremner v. Turkey
A hidden camera in the hands of a journalist is a controversial tool. Such methods of gathering materials may raise objections as to their compliance with the journalistic ethics and standards. On the other hand, it is often the only way to gather information on important matters. Many would have never seen the light of [...]
16.09.2015
PERSONAL RIGHTS AND MEDIA CRISES
Can the law guarantee love? A commentary on the decision of the Court of Appeal in Katowice – I ACa 131/15
Can the law be a tool for claiming fatherly love? The question may seem abstract but it has become the subject of consideration by the court of second instance (the case closed with a legally valid decision of the Court of Appeal in Katowice of 15 May 2015, ref. No: I ACa 131/15). In anticipation [...]
28.07.2015
PERSONAL RIGHTS AND MEDIA CRISES
Opinions on websites can be critical – but they must be reliable and fair!
Websites collecting opinions about “public persons” may present also negative opinions – as long as such opinions are reliable and fair. But they must bear in mind that their evaluation of such criticism (and the credibility of notification in this respect) – if the injured party does not agree with it – will be subject [...]
21.07.2015
PERSONAL RIGHTS AND MEDIA CRISES
Journalistic provocation before the European Court of Human Rights
Journalistic provocation – in spite of being ethically and legally controversial – frequently constitutes the only method to make irregularities known and to shed light on socially significant matters. No legal definition and no regulations in this scope cause numerous problems in the legal assessment of journalistic provocation. However, some interpretative guidelines can be found [...]
20.07.2015
PERSONAL RIGHTS AND MEDIA CRISES
Removing internet comments under consideration by the European Court of Human Rights
The Grand Chamber of the European Court of Human Rights in Strasbourg ruled the liability of websites for the content of comments posted thereon by readers is in compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and does not violate Article 10 thereof (regarding the freedom of expression). Article [...]
05.03.2015
PERSONAL RIGHTS AND MEDIA CRISES
Judgment of the Constitutional Tribunal: is it easy to become a criminal?
This reflection was inspired by the judgment of the Constitutional Tribunal (“CT”) of February 17, 2015 (file no. K 15/13) which settled the matter of compliance with Article 115 clause 3 of Copyright and Related Rights Act of February 4, 1994 (“Copyright Act”) and Article 42 clause 1 of the Constitution of the Republic of [...]
25.02.2015
PERSONAL RIGHTS AND MEDIA CRISES
„Crook, thief, hypocrite” – negative comments on Allegro and personal rights of the seller
The Regional Court in Lublin through its judgment of September 4, 2014 (file no. II Ca 366/14) ordered a defendant who wrote a negative comment about a seller’s account on the Allegro auction service to pay the amount of 300 PLN by way of compensation for infringing the personal rights of the seller. In the [...]
04.02.2015
PERSONAL RIGHTS AND MEDIA CRISES
The case of Prof. Ewa Łętowska's avatar – identify theft on Facebook
Prof. Ewa Łętowska does not have to be introduced in detail. The first Polish Ombudsman, a judge on the Supreme Administrative Court and the Constitutional Tribunal. A few months ago Facebook saw the emergence of profiles of Prof. Łętowska that presented her, as an enthusiast of music by Zdzisława Sośnicka, organizer of galas and concerts [...]
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