Protection of personality rights of individuals and the protection of reputation, name and privacy of legal persons in media, including case law analysis Abstract The thesis deals with the issue of protection of personality rights of individuals as well as personal rights of legal persons in media. Current decision-making practice of the European Court of Human Rights and Czech courts shall be considered as integral to this thesis. The thesis analyses not only theoretical questions relating personality rights of individuals and personal rights of legal persons, but it also reflects practical repercussions on legal remedies. It focuses mainly on reasonable compensation, defamation as well as the right to reply and supplementary statement. With regard to theme's timeliness the thesis also reflects on legal framework of exemption from internet service provider's liability in so-called new media under the Act No. 480/2004 Sb., about Certain Services of Information Companies, as subsequently amended. The thesis is divided into seven chapters and thematically related subheadings, and its introduction and final part. The first chapter defines the essential terms relating personality rights, personal rights and media. The second chapter provides the overview of relevant sources of law. The third chapter defines...

A presente dissertação parte da observação do fenômeno denominado digital assets. Há pouco tempo, estes foram destacados pela dogmática do common law em estudos estrangeiros sobre a relação entre Direito e Tecnologia. A consolidação da internet, na Sociedade da Informação, universalizou diversas temáticas de ordem digital, incluindo o objeto desta pesquisa. Vale ressaltar, porém, que a proposta deste estudo segue rumo diverso das investigações alienígenas relacionadas às problemáticas jurídicas sucessórias Nesta empreitada acadêmica, buscou-se depurar criticamente a figura dos digital assets, sob a ótica civilista nacional. Primeiramente, estes são analisados, sob a visão doutrinária oriundas de países anglo-saxões, notadamente Inglaterra e Estados Unidos, em suas diversas facetas. Em um segundo momento, notando-se a possibilidade de assimilação da proposta estrangeira à realidade do Direito Civil brasileiro, foram propostas soluções para melhor acomodar esta figura ao ordenamento jurídico pátrio. Com esta base erguida, buscou-se tratar dos assets digitalizados, em virtude de sua importância singular na realidade digital brasileira, com um enfoque naqueles digital assets mais caros às pessoas. Com efeito, ao fim, chegou-se à conclusão de que a sistemática dos direitos de personalidade brasileira pode protegê-los eficientemente na área do Direito Civil. / This dissertations inspiration came from the observation of the so-called digital assets. Not so long ago, they have been outlined by foreign studies, surrounding law and technology, that came from common law tradition countries. It is actually certain that the consolidation of the internet made certain digital issues of global concern, including the subject of this research. However, it is necessary to say that this study takes a different approach, if compared with its inspiring studies generally concerned with succession law matters. In this academic undertaking, it is intended to better understand the digital assets under the Brazilian civil law view. Firstly, the digital assets are analized under different angles, according to the dogmatic proposals of the Anglo-Saxon countries, especially England and the United States. Secondly, with the conclusion that there is the possibility of settling this figure to the Brazilian civil law system, some dogmatic proposals are made. Then, the main concern of this research goes to the protection of the digital assets, fundamentally those related to the personality rights. At the end, this study reachs the conclusion that the personality rights are able to protect some digital assets effectively under the civil law Brazilian system.

The thesis is focused on the legal regulation of protection of personality rights. This topic is up to date not only because of the media exposure, but also with regard to the recodification of private law. The focus of this thesis lies on Act no. 89/2012 Coll., Civil Code, which is compared to the antecedent legal regulation. The personality protection belongs to fundamental human rights therefore the thesis includes the constitutional overlap and interpretation of international agreements. The work is divided into six chapters. The first chapter deals with the development of personal rights from a historical perspective. There is also mentioned legislation of Czechoslovakia and the Czech Republic. The second chapter deals with the interpretation of the concept of personality, the theoretical concept of general personality right and possibilities of its limitations. Part of this chapter shows a non-exhaustive list of values protected by the general personality right, namely the right to physical and mental integrity, the right to personal liberty, the right to a name, the right to likeness, the right to honor and dignity and right to privacy. The third chapter provides an overview of legal regulation of personality rights at the international and constitutional level, the general Civil Code...

The objective of this thesis is to provide an overview of general part of the protection of personality in the Czech legal system, as well as a detailed analysis of selected aspects of personal rights. The thesis focuses on protection provided by the Act Nr. 89/2012 Sb., Civil Code, and the European Convention on Human Rights. Initial chapters of the general part of the thesis deal with brief introduction to the historical background of personality rights in the Czech legal environment, as well as with the definition of personality and personality rights as such, together with a demonstrative list of values protected by the general right of personality. The subsequent chapter provides an overview of Czech and international sources of law concerning personality protection. Chapter four deals with lawful and unlawful interferences with personality rights. The final chapter of the general part outlines legal means of protection of personal rights available according to the Czech law. The special part of the thesis is dedicated to a deeper analysis of three aspects of protection of personal rights. Chapter six deals with one of the most important personal rights, the right to privacy. This chapter aims to introduce the broad concept of privacy, including case law of the European Court of Human Rights...

The topic of the master thesis Protection of Personality Rights in Relation to Media is the conflict between two constitutional rights - protection of personality and freedom of speech. Both of these rights are stated in the Constitutional Act No. 2/1993 thus they have an equal level of legal protection. However, conflicts can arise between the two. The thesis evaluates and analyses these two crucial rights and their conflicts. This thesis is divided into four main chapters, which are the following: Protection of personality, Freedom of speech as a main principle of media law, Protection of personality versus freedom of speech in the practice of the Constitutional Court, and Media development and its influence on the protection of personality. The first and the second part of the thesis analyse protection of personality and freedom of speech. The aim of the first two chapters is to present the sources of these rights, to define basic concepts, meanings and limits of these rights and to describe their possible restrictions. The third part of the thesis discusses general principles according to which possible conflict between the two rights should be solved. It also examines selected Czech court cases. Finally, the fourth chapter outlines media development since the 1970s with special emphasis on the...

The thesis addresses primarily the conflict between the protection of personality and another constitutionally guaranteed fundamental right - the freedom of expression. These rights, that happen to be often in a conflict, are rights of an equal legal protection, one does not have a priority over the other one and so it is a challenge for the courts to decide which one to prefer in particular cases while taking the specific circumstances of the each case into account. The thesis aims to examine this conflict in detail and to analyse it. The first chapter focuses on general questions related to personality rights, addresses the term "personality", the historic development of the personality rights regulation within the area of the Czech Republic and its presence in the current legal system with the accent to the recodification of the civil law, which has taken place hand in hand with the act no. 89/2012 Coll., Civil code, entering into force, while an assessment of the changes that the new regulation of the civil law has brought is one of the partial aims of the thesis. In the second chapter is discussed the unlawful interference with the personality rights that constitutes a private law tort. In the same time this chapter addresses the circumstances excluding the unlawfulness and deals with the...

Theory and Practice of Legal Protection of Personality Rights Legal protection of personality rights is a specific and important issue, which allows every human being to enjoy his or her personality rights without any interventions. This kind of protection is grounded on the obligation of the society as a whole to respect human dignity and the inviolability of personality of every individual. Based on findings contained in my diploma thesis, the Czech legislation pays considerable attention to the protection of personality rights especially in the provisions of the Civil Code and the Charter of Fundamental Rights and Freedoms, both providing legal guarantees for defending oneself against illegally attacked parts of human personality. This kind of legal protection is supported by the effectiveness of the new Civil Code; unlike the previous Civil Code, it expands the number of provisions protecting human personality rights. My diploma thesis clearly suggests that the Czech legal regulation offers to injured individuals different possibilities of claiming their personality rights, for example, how to seek protection of already violated rights, which should be evaluated positively. However, it should be noted that legal practitioners must do their best to make efficient the means for remedying violated...

This Master Thesis deals with institute of monetary satisfaction as a legal tool for the protection of personality under civil law. The aim of this thesis is to give a comprehensive explanation of the Institute of monetary satisfaction. This work uses descriptive and analytical method. The work is composed of six chapters; each chapter is dividend in several subchapters. The right of personality protection is a fundamental right of every individual that guarantees his or her dignified existence and free development in society. The Czech Republic provides a modern legal regime for the protection of personality since 1990, when the Civil Code has been amended. Protection of personality is regulated by the Civil Code in sections 11 to 16. In Section 13, the Civil Code expressly grants four types of civil tools for protection of personality - the right of retention, the right to restitution and the right to adequate satisfaction that can take either moral or material form. In serious cases of violations of personality rights, the monetary satisfaction is the only sufficient and therefore effective and fair remedy for the immaterial injury on personality of affected person that has been caused by the unlawful interference into his or her personality. The monetary satisfaction as a legal mean of the...

This Master's Thesis is focused on the personality rights protection through monetary satisfaction, its legal basis and place among other instruments within civil law. It describes how personality rights protection works and what instruments civil code offers to protect these rights with closer attention to the institute of the monetary satisfaction. Main objective of this thesis is to provide comprehensive look on the monetary satisfaction of the immaterial loss relating personality rights. Personality rights protection is a fundamental right, which is executed throughout legal environments of every democratic country. Czech Civil Code regulates personality rights protection in sections 11 to 16 and it grants four different types of the protection - the right of retention, the right to restitution and the right to adequate satisfaction that can take both moral and monetary form. The monetary satisfaction is expressly regulated in section 13 paragraph 2 and it can be used only in cases when moral satisfaction is insufficient or the interference is so intense, it seriously affects person's dignity or honor. The expression of monetary satisfaction is pretty self-explanatory, but not only that it remedies the party that suffered, it should also prevent offenders from repeating their unlawful...

The Universal Declaration of Human Rights article 27 shows that copyright law has two functions. ‘everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. Everyone has right to protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.’[1]  These functions are supporting cultural aspects on society and give a prior right to holder of the copyright to secure and use the work. On the other hand, copyright secures the personality and property rights of the copyright holder. When talking about copyright as an international concept we can state that copyright is not an absolute right, it is limited by the common wellbeing of society, meaning that quoting and getting the information or ideas from other’s work is accepted. Ideas, principles, thoughts, or themes are not included in the scope of copyright protection.[2] Copyright can be created only by a human, but it can be transferred to a legal person like a company. Not that long-ago computer programs were not seen as tangible property and that is why the damages done to the programs were hard to prove as a criminal action.[3] Copyright protects the artistic work during the whole lifetime of author and 70 years after his death. It can be said that copyright and related rights are less protective than industrial registered intellectual property, on contrary, copyright is not limiting the protection to the level of success or requirements, while for example, patent law is very restrictive about the quality of product.[4] Copyright law is a territorial limited law, led by international regulations like the Berne Convention for the Protection of Literary and Artistic Works (hereafter Berne Convention)[5] and European Copyright Directive (hereafter DSM Directive).[6] Photoshop and image manipulation are present in everyday life, this kind of services can be offered even to children for their school portals. Use of computer-generated pictures and films is increasing in campaigns, news and movies. This kind of image technology can be used for making simulations of law cases or “waking up” movie stars from death. The scale of use is endless. The artificial intelligence (hereafter AI) technology behind computer-generated imageries is called deep learning. Deep learning is an advanced type of machine learning and it is used at, for example, computer programs, self-driving cars, and targeted online advertising.[7] The artificial intelligence software makes generating easy and possible for larger user groups and develops images, which brings more legal problems as well. Computer-generated imageries (hereafter CGI) are used for the entertainment industry for different targets and upgrade the film for a new level. In the same time, it can be used for an act of revenge, when the content is defamation the person at the picture, or it can be used for fake news. These kinds of computer-generated imageries are called deep fakes. Sometimes the imageries done by AI or other software are so real that it is almost impossible to recognize the difference with the bare eye, the content of the deep fake can lead the viewer to wrong. The problem of deep fakes has been identified by the governments as well as by the large corporations, for example, Facebook. Facebook, which is one the world’s biggest social media network, has decided to delete and ban deep fakes on its pages according to Monica Bickert vice-president of Facebook. The ban does not apply the parody or satire content, which is one argument that copyright holders are relying on deep fakes.[8] The aim of the thesis is to recognise all aspects of copyright law implications; including the rights of the owner of original work, rights of the owner of new work, rights of the persons that are at the copyright-protected work and rights of the trademark owner if the trademark is used on imagery. [1] The Universal Declaration of Human Rights by the United Nations General Assembly on 10 December 1948 [2] Article 2 of Berne Convention for the Protection of Literary and Artistic Works. September 9, 1886 regulates the scope of the works which are enjoying copyright protection. Guidelines to Berne Convention paragraph 2.2 and 2.3 state that the content itself is not important for copyright protection but the form of the work. Therefore, for example, idea is excluded from the scope of copyright protection. WIPO. Guide to the Berne Convention for the Protection of Literary and Artistic Works. 1978. Retrieved April 25, 2020, from https://www.wipo.int/edocs/pubdocs/en/copyright/615/wipo_pub_615.pdf [3] Cox v Riley (1986) 83 Cr App R 54. The employee erased several programs from the magnetic cards and was charged with criminal damage. Employee argued that he was not guilty because the computer programs were not tangible property. Court held that even though the computer programs were not tangible property the damages done to the cards were enough to be charged in a criminal sentence. [4] Pila, J. Torremans, P. European Intellectual Property Law. 2nd edition. 2019. Oxford. [5] Berne Convention for the Protection of Literary and Artistic Works. September 9, 1886. The latest text of Berne Convention (from 1971 Paris Act plus Appendix) will be used at thesis. [6] Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directive 96/9/EC and 2001/29/EC [7] Rouse, M. Definition ‘deep learning’. TechTarget. 2019. Retrieved May 25, 2020, from  https://searchenterpriseai.techtarget.com/definition/deep-learning-deep-neural-network [8] Bickert, M. Enforcing Against Manipulated Media. 2020. Retrieved May 9, 2020, from   https://about.fb.com/news/2020/01/enforcing-against-manipulated-media/