9 slidersIntroduction to Patrimonial Law. Degree in Journalism. Faculty of Humanities. 2020-202

Bergel Sainz de Baranda, Yolanda

English

Universidad Carlos III de Madrid e-Archivo

Right to honour, to privacy and to one’s own imageYolanda Bergel Sainz de BarandaIntroduction to Patrimonial LawDegree in Journalism. Faculty of HumanitiesOctober 2020Departamento de Derecho PrivadoOrganic Law 1/1982, of May 5- Critics-The Law in practice- Fundamental rights (art. 18 SC) / Freedom of speech and freedom to inform (art. 20 SC)Right to honour, to privacy and to one’s own imageOrganic Law 1/1982, of May 5- Art. 1: (i) Civil and criminal protection; (ii) inalienable and imprescriptible. - ART. 2. Protection: the civil protection of these rights shall be defined by the law and social usages, according to the scope that by his or her own acts each person has reserved for him or herself or familyRight to honour, to privacy and to one’s own imageTypes of violations (art.2):- Right to honour: (i) defamation, slander; (ii) vexation, disregard- Right to privacy: revelation of facts of someone’s private life by any means (even if it is true)-Right to one’s own image: reproduction by any means of someone’s image (interferences allowed in particular cases or when consent is granted)Right to honour, to privacy and to one’s own imageParticular infringements (art. 7):•installing devices capable of listening to or recording people’s private lives;•using devices to gain knowledge of people’s private lives and private statements or documents not intended for the user, and recording and reproducing same;•disclosing details of a person’s or family’s private life that affect his or her reputation and good name, and disclosing the content of private written documents;•disclosing a person’s or family’s private details gained through the business or official activities of the disclosing party;•using any process to capture, reproduce or publish a person’s image in a private place or at a private time or otherwise, except where the persons involved hold a public position and the limitations established by law are respected;•using a person’s name, voice or image for advertising, commercial or similar purposes;•attributing deeds or making value judgments in a manner that damages another’s dignity, discrediting his or her fame or attacking his or her self-esteem; and•a guilty party’s use of his or her offence to achieve public notoriety or for financial gain, or the disclosure of false information on the criminal deed where this damages the victim’s dignity.Right to honour, to privacy and to one’s own imageThe concept of “public interest”When the rights enter into conflict with the right to freedom of speech or the freedom of information the right to inform prevails if there is public interest or the news are of public relevance, but the information needs veracityRight to honour, to privacy and to one’s own imageInterferences allowed by the law when authorised by the competent authority according to law nor when historic, cultural or scientific interest prevails.E.g. interferences allowed in the right to one’s own image (art. 8.2):- Public profession or public office (image taken in public place)- Caricature- information about a public new when the image appears as only accessoryRight to honour, to privacy and to one’s own imageThe consent of the affected personInterference with the rights to honour, privacy or image ceases to be unlawful when the person concerned has given express consent (art. 2.3)Minors consent by themselves if sufficiently mature. If not sufficiently mature the legal representative shall give consent (with ok of the Public Prosecution) (art. 3)Right to honour, to privacy and to one’s own imageRemedies: All remedies necessary to stop the illegal interference.- Back to previous scenario- Publication of court decision (rectification)- Prevent future interferences- Compensation of damages (importance of moral damages). The existence of illegitimate intromission presumes the existence of damage- Payment to the aggrieved person of the money obtained due to the illegitimate interference- 4 year term to start proceedingsRight to honour, to privacy and to one’s own image

Right to honour, to privacy and to one’s own image

https://e-archivo.uc3m.es/bitstream/10016/32590/1/right_bergel_2020.pdf

Right to honour, to privacy and to one’s own image

Abstract

Similar works

Full text

Available Versions

Universidad Carlos III de Madrid e-Archivo