Constitutional Right to Privacy: Limits of Spreading Information about Public and Private Persons
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Abstract
This article focuses on the issue: whether limits of freedom of expression and information differ with regard to private and public persons. Analysis of the Lithuanian Constitution, national law and case law as well as European Court of Human Rights decisions was made in order to explore the issue.
The rights set out in Constitution and Convention on Human Rights are not absolute. The Constitution and Convention require a fair balance to be struck and maintained between conflicting rights, taking into account the importance, which the Court of Human Rights has attached to thefreedom of press to investigate political matters in the public interest.
The analysis revealed, that public persons are afforded minimum protection of their reputations and private lives while, they enjoy broader limits of speech and press freedom than private persons.
According to the Strasbourg Court a public person inevitably and knowingly „lays himself open to close scrunity of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance“.
The rights set out in Constitution and Convention on Human Rights are not absolute. The Constitution and Convention require a fair balance to be struck and maintained between conflicting rights, taking into account the importance, which the Court of Human Rights has attached to thefreedom of press to investigate political matters in the public interest.
The analysis revealed, that public persons are afforded minimum protection of their reputations and private lives while, they enjoy broader limits of speech and press freedom than private persons.
According to the Strasbourg Court a public person inevitably and knowingly „lays himself open to close scrunity of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance“.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
