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Information regarding the regulatory resolution of the Constitutional Court
(№ 11 of 21 April 2023)
The Constitutional Court considered a citizen's appeal concerning the constitutionality of subparagraph (3) of paragraph 1-1 of Article 14 of the Mass Media Act (hereinafter the Act, repealed by the Mass Media Act).
According to this article of the Act, the mass media, when preparing, publishing, reproducing and distributing mass media products, do not need the consent of the person portrayed if the use of the person portrayed is for the purpose of defending the constitutional order, protecting public order, human rights and freedoms, public health and morals.
The subject of the appeal believes that this provision of the Law violates his constitutional right to privacy, personal and family secrecy, and protection of his honour and dignity (paragraph 1 of Article 18 of the Constitution).
The Constitutional Court considers that the right to privacy, personal and family secrecy is not absolute and not subject to restrictions. In accordance with paragraph 1 of Article 39 of the Constitution, human and civil rights and freedoms may be restricted only by laws and only to the extent necessary to protect the constitutional order, public order, human rights and freedoms, public health and morals. Moreover, Article 18 of the Constitution does not contain rights to which no restrictions may be imposed in any case (paragraph 3 of Article 39 of the Basic Law).
At the same time, the Constitutional Court is of the opinion that if the use of an image in the text of disseminated information without the consent of the person depicted is carried out for the purpose of defence of the constitutional order, protection of public order, human rights and freedoms, public health and morals, such purposes must be primary and clearly expressed. Failure to comply with this condition may lead to unlawful interference in private life, while one of the principles of media activity is respect for private life, honour, dignity of a person and a citizen.
The Constitutional Court recognised subparagraph 3) of paragraph 1-1 of Article 14 of the Law as being in conformity with the Constitution.