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Prejudice caused by republishing an article taken from another publication

The High Court of Cassation and Justice has ruled that the taking from another publication of an article which is violating the right to privacy, does not exonerate the newspaper which republished of the duties and responsibilities set out in the art. 10 of the Convention, including in this sense the obligation of a due diligence regarding the verification of the content. In this case, the High Court of Cassation and Justice found that, although the article referred to an information which could be of public interest, a missing person, the article contains allegations regarding to a minor plaintiff, allegations which are unrelated with the public interest discussion. The High Court of Cassation and Justice held that in this case, was not a balance between the right to information and freedom of expression guaranteed by art. 10 of the Convention and the right to reputation guaranteed by art. 8 of the Convention, so that the defendant by publishing the article was off protection limits provided by art. 10 of the Convention. Therefore, the High Court of Cassation and Justice held that the judgement of the Court of Appeal to grant moral damages for the prejudice caused by the hitting of the applicant’s honor. (Decision no. 4519 15 June 2012 rendered in Civil Appeal Division I of the High Court of Cassation and Justice covering moral damages)

:: The source: JURIDICE.ro

Robert BĂLAȘA

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