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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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Honour, Insult, Slander, Libel and Investigative Journalism
Šatánková, Radana ; Matějek, Jaromír (advisor) ; Štica, Petr (referee)
This interdisciplinary thesis deals with the area of investigative journalism and ethics. In the context of our time it offers a look at what kind of information a citizen has the right to obtain and what kind of the published information violates the moral rights of the individual. The work depicts the professional and ethical requirements placed on workers in the media to indicate the boundaries between "investigative journalism" and the pursuit of sensation. I draw upon the core material of the Syndicate of Journalists of the Czech Republic, the ethical codes of our public and private media and the books of experts in the field of media studies and ethics.
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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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Campaign Finance in the U.S. : McCain-Feingold Reform
Vydra, Pavel ; Sehnálková, Jana (advisor) ; Calda, Miloš (referee)
The United States has a long history of political campaigns. The Bipartizan Campaign Reform Act of 2002, also known as McCain-Feingold, was the last attempt to regulate the campaign finance. Being enacted in order to cover the loopholes that occurred in the Federal Election Campaign Act, this act banned the "soft money", it modified the rules for the pre- electional broadcasting, and it brought special restrictions for self-financing candidates. These changes succeeded to be enacted by both chambers of Congress, were signed by the President and upheld by the Supreme Court in the McConnell v. FEC landmark decision. However, the impact of the reform didn't quite meet the expectations of its supporters.
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Results of libel in press in the relation to the relevant moral rights especially in the area of private law in the Czech Republic
Stonjeková, Lenka ; Benda, Josef (advisor) ; Connelly Kohutová, Radka (referee)
This graduation thesis, entitled "Results of libel in press in the relation to the relevant moral rights especially in the area of private law in the Czech Republic" examines press interference into relevant moral rights. The first chapter describes the historical foundations of personal rights protection, as well as their international and European connections. The second chapter discusses the power of media, and the means used for its maintenance and strengthening. In the third chapter, an outline of motivations for publication of news press, which balance between righteousness and libel. In the fourth chapter, an assessment of the clash between freedom of speech and protection of privacy, which are categories guaranteed in the Charter of Rights and Freedoms. The content of the fifth chapter is fundamental because it provides a thorough analysis of the law which governs personal rights, with a focus on the civil code, press law and procedural rules. The sixth chapter brings sight of rules established by autoregulation. It deals with self- censorship, the journalist's code of ethics, self-controlling authorities and so on. In the seventh chapter, the author examines the motivation behind submitting an accusation for the breach of personal rights. The motivation can be a real and legitimate defence...
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Freedom of speech, its guarantees and limits in the context of Czech media
Šťastný, Ondřej ; Hofmannová, Helena (advisor) ; Gronský, Ján (referee)
(K práci pouze volně přikládám, protože abstrakt není vyžadován platným zněním Rigorózního řádu Právnické fakulty Univerzity Karlovy). Mgr. Ondřej Šťastný Rigorózní práce se zabývá vybranými aspekty svobody projevu tak, jak je vymezena v našem právním řádu a v právu mezinárodním a evropském. Zvláštní pozornost věnuje limitům svobody projevu a střetům tohoto politického práva s jinými základními právy. Významná část práce je věnována detailnímu rozboru zásadních judikátů, které v posledním desetiletí formovaly podobu a meze svobody projevu v České republice. Konkrétně jde o vesměs hojně veřejně diskutované kauzy, ve kterých figurovala média. Jsem přesvědčený, že je to právě konkrétní soudcovské dotváření práva, kde lze vysledovat mnoho inspirativních právně-filosofických názorů na to, jak má svoboda projevu v naší (stále ještě mladé) demokracii vypadat. Abstract This work deals with the selected aspects of the freedom of speech as it is guaranteed in Czech, International as well as European law. Special focus is put on the limits of the freedom of speech and its conflicts with other basic freedoms. Important part of the work is dedicated to the core cases, whit traced the shape of the freedom of speech in the Czech Republic in the 2000s. For the most part, these are the frequently discussed cases...
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Theatre as a free vision of the world (theatre and jazz)
Valerián, William ; PAVLATA, Michal (advisor) ; TÖPFER, Tomáš (referee)
My thesis is titled Theatre as a free vision of the world (theatre and jazz). I deal with my search for connections between music and acting artistic expression during the study, which began at the conservatory – saxophone department. From acting lessons and later works in the school theatre Disk I choose the moments that helped me to find my own „jazz“ acting approach and „liberation" on the stage and its subsequent use in later professional life.
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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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