Žiniasklaidos pažeistų asmens konstitucinių teisių gynimo būdai.
Abstract
There is the collision between two constitutional values – freedom of the press and other personal rights
(right of the respect of the human dignity, right to the person’s picture, right to the inviolability of the private life
and etc.) during the process of the public information. This collision should be sold according to the principal
of the balance of the above mentioned rights. The rights violated in the mass media may be protected in
different legal ways, by both judicial and extrajudicial remedies.
The author analyzes the ways of the protection of the right of the respect of the human dignity, the right
to the person’s picture, the right to the inviolability of the private life in this article. The way of the protection of
the above mentioned rights are divided into judicial and extrajudicial. Judicial remedies are divided into the
remedies of the civil law, the remedies of the criminal law and the remedies of the administrative law.
During the discussion about the remedies of the civil law the author picks out the kinds of the claims,
which may be presented to the court for the protection above mentioned persons rights. The question of the
obligatoriness of the before-the-trail institutions during the protection of the right of the respect of the human
dignity is also discussed in this article. The author analyzes the problem of the establishment of the
nonpecunary damage, describes the criterions, which should be followed during the process of the establishment
of the nonpecunary damage.
The historical evolution of the criminal and administrative remedies of the protection of the persons is
presented in the article. There is the comparison of the legal remedies, which are used in Lithuania and foreign
countries for the protection of the above mentioned personal rights. The author discuses the main advantages
and disadvantages of these remedies and the problems of the implementation of these remedies in the case law.
In the third part of the article the author discuses the remedies of the protection of the violated rights of
the public persons in the mass media. The boundaries of the protection of the rights of the respect of the human
dignity, to the person’s picture and to the inviolability of the private life of the public persons and the criterion,
which should be followed during the process of the limitation of the above mentioned rights, are discussed in
this article.
URI
https://www3.mruni.eu/ojs/jurisprudence/article/view/3134/2935https://repository.mruni.eu/handle/007/13309
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