The right to privacy and to honour and reputation is in a relationship of mutual limitation with freedom of expression. This means that each of these rights can be exercised unhindered as long as there is no conflict with the opposite right. In the event of such a collision between two rights of the same rank, it is necessary to determine how each right can be exercised so that there is no unjustified deprivation. If the holders of conflicting rights cannot reach a consensus in this regard, the person who believes he has suffered harm can apply for judicial protection. The court will then have to carry out the task of striking a fair balance between the two rights, taking into account all the important circumstances of the case, and decide whether there has been an illegal interference.
This master's thesis could generally be divided into two parts, one more theoretical and the other more practical. The first part includes an analysis of the constitutional and international legal foundations of all three relevant rights (privacy, honour, reputation and freedom of expression), different ways of legal protection of interests that belong to the group of personal rights, with an emphasis on compensation, and a theoretical approach to the balancing of rights. The second part presents a set of relevant circumstances that have a decisive influence on the result of the balancing in the most systematic way possible, with the help of real cases from domestic and foreign judicial practice. These criteria are to some extent uniform for interference with privacy, honour and reputation, however, each individual right also has its own specifics. As a connecting element, three comparative legal regulations are presented at the beginning. The work as a whole shows the current attitude of society towards the conflicting rights.
|