Skip to the main content

Review article

https://doi.org/10.30925/zpfsr.47.1.17

Procedural Limitations in Filing for Damages in Media Disputes

Mijo Galiot ; University of Split, Study of Communication and Media; Municipal Court in Split;
Vanesa Brizić Bahun orcid id orcid.org/0000-0003-0519-1232 ; Municipal Civil Court in Zagreb *

* Corresponding author.


Full text: croatian pdf 338 Kb

page 397-419

downloads: 156

cite


Abstract

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.

Keywords

corrigendum; damage claim; procedural assumptions; court access; personal rights.

Hrčak ID:

346212

URI

https://hrcak.srce.hr/346212

Publication date:

15.4.2026.

Article data in other languages: croatian

Visits: 450 *