Prawo do kultywowania pamięci osoby zmarłej a działalność prasy
Data
2009
Autorzy
Tytuł czasopisma
ISSN czasopisma
Tytuł tomu
Wydawca
Wydawnictwo Diecezjalne Adalbertinum
Abstrakt
Opis
This article focuses on the issue of protection of the memory of the deceased in the light of mass media activity. The cult of memory of the deceased does not belong to the catalogue of personal rights defined in the civil code. The following are mentioned among those: health, freedom, reverence, freedom of conscience, surname or pseudonym, secrecy of correspondence, inviolability of residence, scientific, artistic and rationalization creativity. However, the legislator in not applying the numerus clausus rule, let the legal doctrine and judicial decisions create new kinds of personal rights. Thus, among such newly-created rights there is (including without limitation) the cult of a deceased close person. Personal rights are subjective rights, which means that they are in existence only when a human being is in existence too, from birth to death. Therefore, a deceased person does not possess personal rights which would be protected by the law. However, relatives, relatives by affinity or people connected with the dead person by official relationships, joint work or activity, may demand a protection of their personal right defined as „cult of a deceased person” by demanding to cease an action unless it is not illegal. In the case of a violation, they also may demand that the person who perpetrated the violation takes action necessary in order to delete its consequences and in particular that the person made a statement of appropriate content and form. Based on the principles set out in the civil code, they may also demand a financial compensation or the payment of an appropriate amount of money towards an indicated social purpose or a reparation of a material damage if this has been the case due to a violation of personal rights. If personal rights are violated by mass media, there is also a possibility of demanding the publication of a correction and press response.
Słowa kluczowe
prawo, law, prawo prasowe, press law, prawo osobiste, personal right, kult zmarłych, cult of the dead, prasa, press, dziennikarstwo, journalism, sprostowanie, correction, prawo do kultywowania pamięci osoby zmarłej, right to cultivate the memory of a deceased person, zmarli, dead, odpowiedzialność, responsibility
Cytowanie
Studia Ełckie, 2009, T. 11, s. 166-178.
Kolekcje
Licencja
CC-BY-NC-ND - Uznanie autorstwa - Użycie niekomercyjne - Bez utworów zależnych