Pregledni rad
https://doi.org/10.30925/zpfsr.47.1.17
Procedural Limitations in Filing for Damages in Media Disputes
Mijo Galiot
; Sveučilište u Splitu, Studij Komunikacija i mediji; Općinski sud u Splitu
Vanesa Brizić Bahun
orcid.org/0000-0003-0519-1232
; Općinski građanski sud u Zagrebu
*
* Dopisni autor.
Sažetak
This paper analyses the normative relationship between the corrigendum and claims for damages pursuant to the Media Act, with special emphasis on the procedural prerequisites prescribed by Article 22, paragraph 2 of the Act. The institute of the corrigendum is conceived as the primary form of protection and as a condition for obtaining legal protection, while compensation of damages is foreseen only as a secondary mechanism. The paper outlines the issues arising from the obligation of prior request for a correction in combination with the short preclusive deadlines, which in practice results in limited access to the court and derogation from the purpose of the institute of the corrigendum. An analysis of case law shows that the corrigendum often functions only as a formal procedural prerequisite, while the hybrid liability of the publisher further confirms the need for a more precise normative regulation. Hence, it is concluded that the content and limits of the procedural prerequisites laid down in Article 22, paragraph 2 of the Media Act must be more clearly defined, and that the role of the corrigendum and compensation of damages must be clearly delineated to ensure more predictable and effective protection of personality rights in media law.
Ključne riječi
corrigendum; damage claim; procedural assumptions; court access; personal rights.
Hrčak ID:
346212
URI
Datum izdavanja:
15.4.2026.
Posjeta: 172 *