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.