Professional paper
https://doi.org/10.30925/zpfsr.43.3.21
FREEDOM OF EXPRESSION AND THE RIGHT TO COMPENSATION FOR DAMAGE - RECENT CASE-LAW OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA
Snježana Bagić
; Croatian Constitutional Court, Zagreb, Croatia
Abstract
This paper provides an overview of the case-law of the Constitutional Court
of the Republic of Croatia on the protection of the right to freedom of expression
guaranteed in Article 38 of the Croatian Constitution and Article 10 of the Convention
for the Protection of Human Rights and Fundamental Freedoms. However, this right
is not absolute as its exercise can violate the privacy rights of others (personality,
reputation, honour, dignity) guaranteed in Article 35 of the Croatian Constitution
and Article 8 of the Convention for the Protection of Human Rights. Therefore, in
establishing the precedence to be awarded in each individual case to these two, by
nature of things opposed, rights, applies the principle of proportionality in Article
16 of the Croatian Constitution. Given that ways and means of communication and
informing the public change so fast and take new forms, the Constitutional Court has
been continuously upgrading its case-law related to Article 38 of the Constitution
and Article 10 of the Convention for the Protection of Human Rights on freedom of
thought and expression, including the freedom of media.
Keywords
freedom of expression; personality right; media freedom; public interest; proportionality; compensation of damage
Hrčak ID:
287864
URI
Publication date:
20.12.2022.
Visits: 599 *