B. DREPTUL AFACERILOR 10. Deturnarea libertății de exprimare de la scopul său. Acțiune în răspundere civilă delictuală. Condiții și efecte
B. BUSINESS LAW 10. Diverting the freedom of expression from its intended purpose. Action in tort. Conditions and effects

Summary/Abstract: The scheme of the provisions of art. 1349 para. (1) and (2) of the Civil Code shows that any person is obliged to observe the rules of conduct which the law or the habits of the area require and not to prejudice, by his/her actions or inactions, the rights or legitimate interests of other persons, and the one who, with sound judgment, breaches this obligation, shall be liable for all damages caused and shall be obliged to fully pay them. Thus, in case a person diverted the freedom of expression from its purpose and acted in bad faith by making the public aware, through any television broadcasting, only of certain information creating an unfavourable image about his/her political enemy, hiding the information which could have contradicted that image and which could have been obtained as easily as the negative information, persisting in presenting some erroneous information and only aiming at satisfying his/her own interest – the denigration of the political enemy, but not a correct and accurate information of the public –, the requirements provided in art. 1349 para. (1) and (2) of the NCC for incurring his/her tort liability are fulfilled.

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