FREEDOM OF EXPRESSION AND THE RIGHT TO COMPENSATION FOR DAMAGE
RECENT CASE-LAW OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA
DOI:
https://doi.org/10.30925/zpfsr.43.3.21Keywords:
freedom of expression; personality right; media freedom; public interest; proportionality; compensation of damage.Abstract
This paper provides an overview of the case-law of the Constitutional Court of the Republic of Croatia on the protection of the right to freedom of expression guaranteed in Article 38 of the Croatian Constitution and Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. However, this right is not absolute as its exercise can violate the privacy rights of others (personality, reputation, honour, dignity) guaranteed in Article 35 of the Croatian Constitution and Article 8 of the Convention for the Protection of Human Rights. Therefore, in establishing the precedence to be awarded in each individual case to these two, by nature of things opposed, rights, applies the principle of proportionality in Article 16 of the Croatian Constitution. Given that ways and means of communication and informing the public change so fast and take new forms, the Constitutional Court has been continuously upgrading its case-law related to Article 38 of the Constitution and Article 10 of the Convention for the Protection of Human Rights on freedom of thought and expression, including the freedom of media.
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