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Freedom of artistic work and freedom of expression within the context of the European protection of human rights
Sýkorová, Eliška ; Scheu, Harald Christian (advisor) ; Ondřejek, Pavel (referee)
The purpose of the thesis is to analyze the concept of the freedom of artistic creation and expression in the European Union law, in particular its recognition in primary law, above all in the Charter of Fundamental Rights of the European Union (Charter), and in the case law of the Court of Justice of the European Union (CJEU). Considering that interpretation of human rights and fundamental freedoms in the EU law is greatly based on constitutional traditions of EU member states and on the approach to these rights established within the Council of Europe, this thesis also deals with the conception of the freedom of artistic expression in constitutions of EU member states and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), as interpreted by the European Court of Human Rights (ECtHR). While relevant case law of the CJEU is only fragmentary, it refers systematically to the extensive case law of the ECtHR, which provides comprehensive theory of the freedom of artistic expression in Europe and provides for studying the evolution of the conception in time. The core method of research used in this thesis is the analysis of different sources of primary and secondary EU law, national law and case law; the thesis refers namely to the case law of the CJEU and...
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The limits of freedom of expression in the light of judgments of the European Court of Human Rights
Kovářová, Veronika ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
Limits of freedom of expression in the light of case-law of the European Court of Human Rights This diploma thesis deals with the freedom of expression and its permissible limits as those declared in Article 10 od the European Convention on Human Rights (hereinafter referred as "Convention"). Freedom of expression is guaranteed to everyone. However freedom of expression is not absolute, restrictions on freedom of expression by the intervention of the national authorities to individual freedoms is permissable in case of existence any justifiable targets pursuant to paragraph 2 of Article 10. We named this procedure by test legality, legitimacy and proportionality. So, in other words, the measures used against a person must be established legal standards, must pursue achieving a legitimate aim and be necessary in a democratic society. European Court of Human Rights (hereinafter "the Court") applies this test whenever it finds existing interference with freedom of expression. It focuses on case law precedents, set by the European Court's of Human Rights (hereinafter referred as "Court"), in cases of complaints for violation of the freedom of expression concerning the admissibility of the use of legitimate aim clauses by national authorities applying law. The structure of the contents of this thesis...
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The limits of freedom of expression in a liberal democracy
Zícha, Lukáš ; Kučera, Rudolf (advisor) ; Franěk, Jakub (referee)
The main topic of this paper is freedom of expression and its limits in liberal democracy from the point of view of political philosophy. First of all, the author explores the functions that freedom of expression has in society and its significance in European history beginning in Ancient Greece. Subsequently, the text focuses on all possible approaches to its limitation, two of which are identified as relevant for the case of liberal democracy. These approaches, represented by John Stuart Mill and Joel Feinberg, are closely connected and can be (and usually are) applied together. Therefore, after a detailed analysis of both, a singular assessing principle is created, which makes it possible to evaluate particular cases and tell if the limits of freedom of speech (acceptable in liberal democracy) were transgressed or not. The final principle of political philosophy is then applied to the case of the dissolution of the Workers' party by The Supreme Administrative Court. The author thoroughly examines both the political activities of the party itself and the method followed by the court when deciding the sentence. Afterwards, these two methods (the law and the political philosophy one) are compared, which helps to highlight both their similarities and differences. In both cases, the activity of the...
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Media Legislation of the Bolivarian Republic of Venezuela and its changes
Němcová, Anna ; Křeček, Jan (advisor) ; Štechová, Markéta (referee)
This work deals with venezuelan media legislation, it's changes after the 2002 failed coup d'état and possible implications on freedom of expression. It describes the structure of ownership of media outlets in Venezuela and tries to closer understand the very principles of operating of venezuelan media. It also briefly deals with the socioeconomic situation of the country and with laws, that have been passed under the governance of Hugo Chávez. A part of this study is dedicated to the Chávez - media relationship and to creation of his media image. In quite detailed manner is then analyzed the 2002 coup d'état, in which private media outlets have played the primordial role. This part of the study focuses on media coverage of this critical event in modern history. Related topic to this is then chapter, that unveils american funding of venezuelan journalists and private media outlets. Finally this work sheds light on claims about the undemocratic character of venezuelan media, made by some western media and humanitarian watchdogs, that are proven to be false.
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Private-law limitations of the freedom of expression in media with respect to the case-law: comparative study of the Czech and German legal regulation
Kočicová, Věra ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse private law limitations of freedom of expression in media with respect to case-law. The study focuses on the limitations of freedom of expression in relation to natural persons. Since the aim of the study is to compare the Czech and German legal regulation, particular emphasis is put on the comparative method. I tried to evaluate legal regulations in both countries, to what extent they overlap, what they have in common and what they differ in, or alternatively to what degree they can inspire each other. Besides introduction and conclusion, the study consists of four chapters. The first chapter is subdivided into two parts. Part one describes media, their basic definition and characteristics, as well as their role and function in the jurisprudence. Part two deals with the definition, constitutional protection and classification of the "communication" fundamental rights and freedoms - freedom of expression, right to information and freedom of the press (media). Chapter two focuses on the protection of personal rights in the media context. Part one examines their importance and constitutional protection, part two describes specific individual personal rights, and part three illustrates the postmortal protection of personal rights. Chapter three presents the...
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Freedom of Religion or Belief in the Context of European and International Law
Bartoň, Daniel ; Scheu, Harald Christian (advisor) ; Bílková, Veronika (referee) ; Machalová, Tatiana (referee)
Freedom of Religion or Belief in the Context of European and International Law This PhD dissertation focuses on selected aspects of freedom of religion or belief in Europe. It aims to introduce the legal framework in which religious freedom has to operate, and to place this essential freedom into a broader cultural, religious and human rights context. The contextualisation emphasised throughout this dissertation is based on an assumption that it is not possible to establish a pure legal notion of religious freedom that would not bear any imprint of the societal, legal, cultural and religious context of its authors; in reality, each person's understanding of religious freedom is rooted in his culture, religion and experience. This should not lead, however, to a complete rejection of the possibility of a common understanding and universal protection of religious freedom. On the contrary, it should motivate each interpreter and law-maker in the area of religious freedom to study the understandings of all persons and entities involved in a particular case or situation. Having thoroughly studied all presented claims rooted in religious freedom and having taken into consideration all other rights, principles and interests involved, it should be possible for the decision-makers to resolve the case in a...
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Protection of personality in media with respect to relevant case law
Kozic, Juraj ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
in English This final thesis deals with protection of personality against unauthorized infringement through media. This topic is highly up to date in the present information society. The aim of this thesis is to provide basic information about this problematic topic to the reader. The core of this thesis is constituted by definitions of two fundamental human rights, namely freedom of expression and right for protection of personality. They frequently conflict each other, so the main focus is placed on the process of finding the balance between these two. Special attention is dedicated to definitions of criteria that have to be taken into consideration by courts in order to find impartial and just decision in every individual case and thus determine the borderline between protection of personality and freedom of expression. Therefore, this thesis focuses on relevant case law of general courts, Constitutional Court and European Court of Human Rights. Another important part of this work is based on description of legal remedies, which Czech legal system provides to protect the personality of an aggrieved person against interference by media. Afterwards, the emphasis is given especially on the instruments of civil and media law. This final thesis consists of six chapters. The first chapter contains...
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Freedom of Expression and Censorship on the Internet and Social Networks
Reindl, Jan ; Čermák, Radim (advisor) ; Sova, Martin (referee)
This thesis is focused on freedom of expression and censorship on the internet and social networks. Its goal is to evaluate current situation of censorship of the internet, to describe the most often used methods of censorship and suppressing free speech, as well as methods of its circumvention. The thesis is focused on the progress of internet censorship in its shift from a tool of governmental domestic network control into a tool in the hands of multinational organizations. Some focus is also given to the importance of anonymity as a way to freedom of speech, and to the analysis of current situation and possible future outcomes. This thesis is divided into five chapters. The first one serves as an introduction into the problematics. Second chapter describes methods of internet censorship, the third one describes its circumvention. The fourth chapter looks into the current situation regarding the role of social media in terms of internet censorship and possible results of censorship as well as future evolvement. Fifth and last chapter is dedicated to research of anonymous parts of internet community that could otherwise face censorship.
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Freedom of expression from the point of view of the European Convention on Human Rights and its limits
Sládková, Veronika ; Grmelová, Nicole (advisor) ; Prygl, Pavel (referee)
The right of freedom of expression is often mentioned as one of the most significant human rights. Despite its importance and necessity for functioning and development of any democratic society, this right is not without limits. The aim of this theses is to find the limits of the right of freedom of expression within the system of the ECHR which represents one of the most important documents in the human rights field at the international level. The important position of freedom of expression will be proved by an analysis of the theoretical context of freedom of expression in the system of the ECHR as well as by examination of the work of the European Court of Human Rights and its case law connected to the right of freedom of expression.
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Right to Internet
Lexová, Alžběta ; Trávníčková, Zuzana (advisor) ; Kobelková, Lucie (referee)
The Internet is one of the phenomenons of our time. As of speed and reach it surpasses all media on the world and unlike every other medium it actively engages all people to the process of creating the news. Basic attributes of the Internet make it a power standing above states -- it crosses national borders and doesn't have any direct owner -- and at the same time these attributes make it a power that is practically almost unregulatable. The Internet is regulated on a national level, but there are attempts to pay attention to it on the international level as well. The UN, Human Rights Council especially, examines the issue of the access to the Internet as a human right. This thesis examnies the effort of international community to formulate right to Internet as a human right. The right to Internet can be observed in two ways -- as a right to the content of the Internet and as a right to the technology of the Internet. This thesis observes both these dimensions and examines the international community's stance to their incorporation in the catalogue of human rights.
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