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Freedom of Expression in Czech republic
Havlíček, Radek ; Kudrna, Jan (advisor) ; Reschová, Jana (referee)
The aim of thesis Freedom of Expression in Czech republic is to provide an up-to-date approach to one of the most important human rights. The thesis focuses more on the application side, so we do not find the historical genesis of the right or its sources of thought. On the contrary, we will find theoretical backgrounds reflected in the normative development, as well as in the application practice of courts and administrative authorities. Application means, in particular, the judicial balancing of the right to freedom of expression, most often with personality rights, as well as the implementation of various represive measures across the legal order. In certain sub-topics, it should introduce the upcoming legislation and draw attention to some problems that the legislators are dragging their feet in solving. The thesis is structured in ten chapters. The first five chapters discuss the general background of freedom of expression and put it in the context of domestic and European case law. The first chapter defines speech, summarises its sub-aspects and points out the difference between conduct and speech. The second chapter defines what is meant by freedom. The third chapter provides a summary of the most important international treaties that guarantee freedom of expression and describes their...
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Analysis of selected aspects of directive 2019/790 on copyright and related rights
Baliak, Matúš ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
1 Analysis of selected aspects of directive 2019/790 on copyright Abstract The Internet age gave rise to new ways of creation, distribution and use of copyrighted works, hitherto unknown business models. The Copyright Directive, which represents a revolution in the legislation for giving the public access to copyrighted content on the Internet, was meant to responded to this development. The directive primarily imposes strict direct liability on service providers for copyright breaking content shared by their users, moreover it grants copyright to publishers of print publications. This directive has been a much-discussed topic in recent years due to its unclear interpretation and the public's concern about the censorship of internet by upload filters. Subject of this diploma thesis is the analysis of the copyright directive in the light of European Union law, important case law of the CJEU in the field of copyright and the protected use of works on the Internet and the applicable legal order of the Czech Republic. The work is divided into an introduction, seven chapters and a conclusion. The first two chapters are devoted to analysis of the conceptual features of copyright-protected work and online content-sharing service provider, as the subject of protection and the addressee of the obligations set out in...
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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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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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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 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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Political advertising
Janotová, Hana ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
The aim of this thesis is to answer the question whether the ban on political advertising on television and radio, which is laid down in the Czech Broadcasting Act 2001, is in compliance with the freedom of expression. Namely, whether it is in compliance with the Article 17 of the Czech Charter on Fundamental Rights and Freedoms. And secondly, whether it is in compliance with the Article 10 of the European Convention on Human Rights. The freedom of expression is an essential political right. Therefore, the limitations have to be interpreted restrictively. Moreover, all limitations have to be thoroughly justified. Firstly, the thesis analysis the scope of the ban on political advertising on television and radio. It explains what are the sanctions in the case of violation of the ban. Examples of violations are also introduced. Further, it is referred to the amendment to the Broadcasting Act. This amendement proposes to define "the political commercials". It is not possible to find such a definition in the current version of the Act. Another topic which is discussed is an anonymous advertising. Then attention is paid to the regulation of free airtime. Since, free airtime is divided between all political parties with regard to the Parliamentary elections, elections to the Europena Parliament and elections of...
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Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression)
Prokešová, Lucie ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression) This thesis discusses the conflict between the freedom of expression and other rights and values guaranteed by the European Convention on Human Rights, which are affected by denial of the Holocaust and other crimes. Freedom of expression is a relative fundamental right that can be limited in order to protect other protected rights and values. In cases of denial of the Holocaust and other crimes, freedom of expression can be limited in the interests of the protection of the dignity of victims and prevention of disorder or crime. The aim of this thesis is to provide a comprehensive view on the issue of denial of the Holocaust and other crimes in the light of freedom of expression in the European Court of Human Rights case law. The first part provides definition of the relationship between Holocaust denial and freedom of expression from the perspective of international law, the characteristics of freedom of expression and its limits, and the role and proceeding of the European Court of Human Rights in the case of conflict between freedom of expression and other rights and values. The second part is dedicated to the European Court of Human Rights case law concerning the...
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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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Verbal hate speech and the legitimacy of its criminal punishment
Geržičák, Martin ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Verbal hate speech and the legitimacy of its criminal punishment Hate speech has been enjoying an elevated level of media attention in the last few years. These biased expressions of hate - most often verbal - targeted against specific groups of people are a manifestation of social antagonisms and as such, disturb public order and coexistence of people; furthermore, they are often associated with issues of prejudice, bias-motivated violence, xenophobia, discrimination, and extremism. Criminal punishment of this type of expression is already possible today and it can be reasonably expected to become increasingly important. The purpose of this thesis is a critical review concerning the legitimacy of criminal punishment of verbal hate speech in the Czech Republic, including identification of troublesome elements of the current legislation. Conclusions of this review shall stem primarily from the legal analysis of constituent elements of relevant crimes, commentary literature, jurisprudence and legal literature related to the topic. The first chapter aims to explain the central concepts - hate speech, verbal hate speech and the relationship between them. A closer look is given to the phenomenon which links these concepts together and, at the same time, constitutes an inherent part of them both: biased...
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