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The right to be forgotten on the internet
Jůzová, Jana ; Papík, Richard (advisor) ; Šlerka, Josef (referee)
Diploma thesis The Right to be Forgotten on the Internet applies to the functions of Internet search engines, search algorithms and the impact of the digital footprint that on the Internet user essentially leaves. With this issue is, on the one hand, inseparably linked the protection of personal data in the online environment, on the other hand the constitutionally enshrined right to information and other fundamental rights. Not ignored should be also the risk of censorship of the Internet. An application of the right to be forgotten adds a whole new dimension to this problems. The right to be forgotten is inferred from the judgment of the European Court of Justice on 13 May 2014 in the case Costeja versus Google Spain, where an Internet user named Mario Costeja Gonzáles first succeeded with a request of removal of unflattering information about himself from results of the search engine Google. Thus a reform precedent will have a big impact on seeking information on the Internet in the future, since the pronouncement of the judgment about the removal of his personal data may ask any European Internet user. The thesis aims to analyze the issue of right to be forgotten in the context of searching for information on the Internet in the European Internet environment - it means not to be searched on the...
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Protection of personality in the media area
Fičurová, Nora ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The submitted diploma thesis provides an introduction into the topic of conflict of the personality rights of an individual with the freedom of expression of media and right to receive information of others. The emphasis is put on the Czech and European case law. Marginally is mentioned also the topic of new media, especially the latest case law of the European Court of Human Right on this matter. The diploma thesis is divided into introduction, conclusion and three chapters. The first chapter introduces the basic definitions and theoretical basics of the topic. The reader is acquainted with the concept of human personality and its components, with the concept of personality rights and their nature as well as with the possible infringements of these rights. The chapter also provides the definitions of media and new media. The second chapter focuses on the legal framework of the personality rights, freedom of expression and right to receive and impart information. The chapter first analyses the international legal framework with the focus on the European Convention on Human Rights and later it deals with provisions of the Czech civil code as well as provisions of the Czech media laws. The last section of this chapter analyses Czech as well as European legal provisions on liability of internet...
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Constitutional court of Czech Republic decisions on media
Trkovská, Jana ; Hanák, Peter (advisor) ; Benda, Josef (referee)
This bachelor thesis concerns decisions of the Czech Republic Constitutional Court affecting medial area. It is divided into four chapters of which the first two are theoretical while the other two are practical oriented. Chapter one describes the term medial system and presents their individual models and presents Czech Republic as one these. This chapter also describes legislation concerning freedom of speech and the legal protection of personality. The second chapter focuses on the Constitutional Court of Czech Republic and its position in Czech judicatory system and explains means of how the Court can affect media and journalists. It also concerns obligatory effect the Court's decisions within Czech law system. Practical part of the thesis is dedicated to analysis of several Constitutional Court's decisions. This part of the paper discover the Court's influence on Czech medial environment and the work of journalists. The Constitutional Court has defined the boundaries of law execution regarding the freedom of speech and also defined several concepts connected to media. This thesis shows that the Court affect journalists' work in the way that they know how to phrase their statements without disturbing the freedom of speech.
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First Amendment to the US Constitution and the development of its interpretation
Jetmar, Jakub ; Seltenreich, Radim (advisor) ; Šouša, Jiří (referee)
As the title suggests, this thesis is about the First Amendment to the United States Constitution and about development of its interpretation from its inception to present day. Over the years, the interpretation of the First Amendment has drastically changed, causing a shift from restrictive views on free expression towards almost absolute freedom. Today, freedom of expression and religious freedom, both of which are included in the First Amendment, play a significant role in preserving democracy while strengthening its core pillars not only in the United States, but in other modern nations as well. The inclusion of the First Amendment into the world's oldest written constitution has influenced the concept of free expression and religious freedom in the laws of many foreign countries. According to some scholars, the current level of constitutional protection guaranteed for free expression in United States is too high and does not correlate with what the framers of the constitution had intended on upon drafting the First Amendment. However, it comes as no surprise that higher standards of protection from governmental intervention regarding guaranteed freedom in the First Amendment consequently results in the betterment of society. Throughout the text, I will aim to answer every major question...
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Protection of personality rights in relation to media
Šedo, Jakub ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with cases of conflicts of personality rights with the activities of the media, which representing the exercise of freedom of expression and right to information. It focuses primarily on answering these questions: how is the personality of individuals protected against unauthorized interventions of media in our legal system, what is considered as appropriate and what as an inappropriate interference with the personal rights of individuals and whether an individuals in whose personal rights have been infringed by the media, can obtain adequate reparation for the harm that was caused them by unauthorized intervention. The thesis is divided into six parts. The first part is the introduction, which describes the main focus of the work and questions with which the work deals. The second part is devoted to a treatise on the general format of personality rights according to the general rules contained in Law No. 40/1963 Coll., The Civil Code. The third part of this thesis deals with ways how are the personality rights protect in the media rights standards contained in media law and it also describes the most common forms of interferences between media and the personality rights of individuals. Because in the course of making this work took effect the new Civil Code No. 89/2012 Coll. The...
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Freedom of speech and its limits
Smílek, Ondřej ; Suchánek, Radovan (advisor) ; Jirásková, Věra (referee)
This diploma thesis deals with freedom of speech and its limits. Freedom of speech as the fundamental right which is necessary to proper functioning of a democratic state where the law rules. In this regard the freedom of speech has to be protected properly. Protection in Czech legal order is entrusted with the legal regulation of the major legal force, part of constitutional order, "Charter of fundamental Rights and Basic Freedoms". Freedom of speech as we know it today, was expressed after the Second World War as a prevention of similarly devastating conflict in the future. Certain desire for the free dissemination of ideas we can see in a deep histor when firs attemps of gaining freedom of speech was closely connected to religion. In the 19th century, when the freedom of denomination has found its stable place in the statutes of the most European countries, the freedom of speech has become to be undestood in connection to the freedom of the press, that was the only communicatory media. During the 20th century, when the humankind all over the world witnessed the appalling horror of wars the strict protection od human rights became necessary. For this purpose first international organizations were estabilished and in their scope was formulated first indexes of human rights. The formulation of fundamental...
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Comparison of U.S. and Mexican approach to freedom of speech
Drhlíková, Eva ; Kozák, Kryštof (advisor) ; Raková, Svatava (referee)
Freedom of expression is a fundamental human right which is important not only for the intellectual integrity of an individual but also for the healthy development of the whole society. The work represents both general arguments for freedom of expression and codification of freedom in two different legal cultures. In the United States the freedom of expression is protected by the First Amendment of the Constitution, which complements the rich jurisprudence of the Supreme Court of the United States. In Mexico, the right is regulated in Article 6 of the Constitution. The work shows how both countries reached the current legislation on the basis of examination of legal developments and cultural values. The values of the societies are presented on the basis of Hofstede's cultural dimensions. The core of the thesis is to compare the legal limits, which is made primarily on the basis of judicial practice of the Supreme Courts of both countries. Emphasis is placed on four main areas which are related to freedom of speech: (i) fighting words including hate speech, (ii) symbolic speech, (iii) obscenity, and (iv) defamation. In addition to the legal limits the work interprets also the most significant actual limits in both countries. Finally, the author examines the relationship between freedom of expression and...
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Freedom of pressindices and their reflection in media
Voslář, Václav ; Janský, Petr (advisor) ; Jirák, Jan (referee)
The thesis presents a contribution to the topic of critical examination of various ways to evaluate and compare the level of press (media) freedom in countries throughout the world. It analyses the process of presentation the conclusions of press freedom indices to the public. The analysis is guided on two levels. First, the form in which the press freedom indices are published is investigated. And second, the media reflection of these publications is examined. The starting-point of this analysis focuses on theoretical view on various definitions of press freedom. First part of the thesis therefore provides the summary of important fields that should not be forgotten by any conceptualization of press freedom. Second chapter deals with the problems connected to evaluations and comparisons of press freedom in general and then in particular concerning the Freedom of the Press index by Freedom House and World Press Freedom Index by Reporters Without Borders. In the second part of the thesis, Czech media reflection of the two concerned indices is analyzed. First, the specifics of the Czech media landscape are dealt with. Next, the content analysis is applied that should approach the way Czech media use the data provided by the indices. The thesis then concludes the most serious weaknesses in the process through...
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Protection of Personality Rights inrelation to media
Říha, Martin ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The thesis addresses primarily the conflict between the protection of personality and another constitutionally guaranteed fundamental right - the freedom of expression. These rights, that happen to be often in a conflict, are rights of an equal legal protection, one does not have a priority over the other one and so it is a challenge for the courts to decide which one to prefer in particular cases while taking the specific circumstances of the each case into account. The thesis aims to examine this conflict in detail and to analyse it. The first chapter focuses on general questions related to personality rights, addresses the term "personality", the historic development of the personality rights regulation within the area of the Czech Republic and its presence in the current legal system with the accent to the recodification of the civil law, which has taken place hand in hand with the act no. 89/2012 Coll., Civil code, entering into force, while an assessment of the changes that the new regulation of the civil law has brought is one of the partial aims of the thesis. In the second chapter is discussed the unlawful interference with the personality rights that constitutes a private law tort. In the same time this chapter addresses the circumstances excluding the unlawfulness and deals with the...
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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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