Media Lawyer

Rights and duties in the media: a balance between freedom and responsibility

In the domain of the media, which includes newspapers, TV, radio and the internet, the search is on for a balance between freedom of expression and the protection of one’s good name and honour. While the right to free speech is essential, there are limits: statements must not be unlawful or harmful to others. The exact limits are determined by the specific situation.

Problematic publications and statements

Issues such as incorrect publications and harmful statements occur frequently within media law. A publication is unlawful if it contains incorrect facts about an individual or organisation, such as false allegations of criminal activity. Harmful statements occur when untruths or false allegations are publicly spread about a person or entity, which can lead to reputational damage or even destruction of a person’s reputation. This can also have a negative impact on a person’s private life. The legality of a publication is assessed on a case-by-case basis, weighing up freedom of expression and the right to reputation protection.

Legal remedies for violations

If there is an unlawful publication or statement, the affected individual or organisation can apply for summary proceedings for its removal or correction. This requires legal representation. Several factors are important when claiming a correction, including the content of the text, where it should be published, the period of publication and even the choice of font and size.

Moreover, one can make a claim for immaterial damages for reputational damage. The extent of these damages will be determined by the court. Hodak is qualified to advise you on what action to take and represent you during the legal process, both for national and international clients.