Civil Liability For Non-Pecuniary Damage Caused By Publication Of Information In The (Electronic) Media

The right to freedom of expression is often in conflict with other fundamental rights, which require a careful weighing of conflicting rights and interests, especially in terms of assessing the proportionality and necessity of restrictions on individual rights. In this paper, the authors limit the scope of research to situations in which the right to freedom of expression (Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms) and the right to private life (Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms) are opposed. The research methodology includes a fundamental analysis of the relevant legal framework with the aim of identifying existing deficiencies in this area. In particular, the authors analyze the practice of the European Court of Human Rights, where the court weighed the balance between the right to freedom of expression and the right to respect for private life. The research results indicate the protection of the right to privacy as a global challenge in the digital environment. The authors come to the conclusion that the development of the Internet and digital technologies, which enable fast communication of a large number of users and the exchange of a large amount of data in different formats on a global level, certainly contribute to the appearance of new risks regarding the violation of the right to privacy.