THE RIGHT TO REPUTATION IN THE RECENT CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS
THE RIGHT TO REPUTATION IN THE RECENT CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Summary/Abstract: As a consequence of the new social realities, and here we refer to the diversification of the methods of information of the public, it can be seen an increase of the cases pending before the court of laws in which there are required moral damages by natural and legal persons, damages which come from the breaching of the right to reputation, especially by the media. As it was set by the Court, the right to protect the reputation is a right protected by art 8from the convention, being an element which belongs to the private life. It was shown that the notion of “private life” is a wide notion, which cannot have an exhaustive definition and which includes the moral and physical integrity of the person and, thus, can include the multiple aspects of the identity of a person, as well as the identification and sexual orientation, name or elements in regard to the image right. As in the last years, as a consequence of diversifying the means of global information, the cases before the courts in which it is claimed the right to reputation have increased, it is necessary to analyze some aspects regarding this matter, in the recent case-law of the European Court of Human Rights, in the cases against Romania. In our opinion, the CEDO case-law is relevant due to the incidence of the European Convention of the Human Rights in the Romanian Law.

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