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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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Public ethics in the context of online communication
Heverová, Lucia ; Jinek, Jakub (advisor) ; Svoboda, David (referee)
The diploma thesis studies the basic concepts of communication in the context of the online environment and seeks whether there are ethical starting points for users participating in content creation on the Internet (produsers). It deals with the meaning of communication and dialogue, the understanding of what is public and what the mass means, describes the online environment and the media sphere and places it in an ethical framework in which it characterizes the concept of person and explores the essence of the concept of praxis. In view of the basic question of the thesis, general ethical principles and the essence of journalistic and media ethics are also presented, because it was journalism that gave rise to the content creators from among the public even before the Internet. Since the subject of research is the active public on the Internet, the work deals also with the basic human right to freedom of expression and related regulatory legislation. In local and especially Anglo-American sources, it searches for a definition of the term ethics of the public, or at least directional ethical theses that would be as suitable as possible for an application to the given subject area. The goal of the work was a comprehensive understanding of the nature of communication between people in public and a...
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Political corretness in social work
ŘEPOVÁ, Iva
Abstract This bachelor's work examines the concept of political correctness, a phenomenon that draws lots of debate and criticism in our era, both in the Czech Republic and in the USA where the notion was born. The work is largely theoretical and seeks an answer to the question of how political correctness influences modern- day society and what effects it has on social work and the political situation in the Czech Republic. The work explores the scope of the concept political correctness, how it came up, its development and categorization. Further the work looks at political correctness and its influence on ethics and religion. Another part of the work looks at social work, its significance and paradigms. It relates social work to social politics, and its significance in the Czech Republic and the European Union. In addition, the author looks at the relationships between social work and political correctness. In the last part, the work briefly looks at the immigration crisis and its influence on political deliberations in the Czech Republic. The aim of the work is to acquire an objective outlook at the significance of political correctness and awareness of the effect of the application of political correctness on everyday life of individuals and society - it is well known that inadequate information leads to a skewed perception among voters.
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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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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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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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