FREEDOM OF EXPRESSION VS. RIGHT TO PRIVACY: THE ROLE OF ECHR IN MODELLING CIVIL LIABILITY FOR DAMAGE

Abstract

The European Convention on Human Rights in Article 8 provides that everyone has the right
to respect for their private and family life. This is generally known as the right to privacy, in
which the public authority may not interfere but also should create mechanisms for its
protection. Article 10 of the ECHR provides that everyone has the right to freedom of
expression. The exercise of the freedom, since it carries with duties and responsibilities, may
be subject to restrictions, necessary in a democratic society, in the interest of intel alia
protection of the rights of others including their privacy.
How these two rights interrelate and what is to be done in case of ‘conflict’ are one of the key
questions when it comes to liability for damage that arises from the breach of the right to
privacy. This is of particular interest when it comes to the work of the media when providing
insight into the private life of persons. The key question is when such exposure is to be
considered relevant for the public interest.
On a national level, the right to privacy is guaranteed by the Constitution. So is the freedom of
expression. The breach of the right to privacy may lead to liability for damage if all conditions
for the arise of such obligation are met. The paper examines and discusses when the breach of
the privacy will (not) give rise to a right to claim damages for the breach of the right of privacy
having in mind the need to balance this right and the freedom of expression.