Right to Privacy and Freedom of Speech in Digital Era in relation to Public Figures Presented by: Dr. Šmigová Date: 1 December 2022 Right to Privacy - Individuals have their personal autonomy and identity, which deserves protection from outside interference (protection by state) - All the national and international documents - Not only physical world but also name (data and metadata) Right to Privacy and Freedom of Expression in Digital Era in relation to Public Figures - Time, - Space, - Control, - Anonymity? - Legitimate expectation that his or her private life is protected (Von Hannover No. 2012) - seriousness (Tamiz) - Reasonable reader concept (Sousa Goucha) - Toleration of being publicly accused of violent criminal acts without such statements being supported by facts (Egill Einarsson) - Personal and society development - Duties and obligations (ECHR) - All types of information, any form - Abuse of right (art. 17 ECHR) - Limitation clause (art. 10 para. 2 ECHR) • - Interference, scope, legality, leg. aim, proportionality What about who by whom (when and how) WHAT - Information (facts) and opinions (value judgments) - Value judgment may be excessive if there is no factual basis to support it (Feldek) - The limits of acceptable criticism are accordingly wider as regards a politician as such than as regards a private individual. Unlike the latter, the former inevitably and knowingly lays himself open to close scrutiny of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance (Lingens) ABOUT WHO - Slovakia original approach (honor of public figures, NO from Strasbourg) - France (special position of a head of state, Colombani, Eon) - Interstate relations - Persons/states - Poland (person - function within a state, Sanocki, trust of the public about public function exercise) - Public interest?! - Public opinion is not a professional judge firmly distinguishing between facts and value judgments By WHOM - Especially opposition members must be protected (Castells) - Protection of freedom of expression = protection of democracy (more effective communication towards voters, bigger engagement of citizens, not only passive recipients)