The issue of infringement of dignity as a personal interests and problem of sharing content from third parties through hyperlinks Cover Image

Problematyka naruszenia dóbr osobistych w postaci czci a udostępnianie treści pochodzących od osób trzecich za pośrednictwem hiperlinków
The issue of infringement of dignity as a personal interests and problem of sharing content from third parties through hyperlinks

Author(s): Olga M . Piaskowska, Piotr F. Piesiewicz
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: personal interests of a human being; infringement of rights; Internet; hyperlinks

Summary/Abstract: The aim of the analysis carried out in this article was to indicate the scope of liability for violation of personal interests of a human being by a person who places a hyperlink on the Internet which include a material violating personal interests of another person. In addition, the analysis was made in which situations, referring to the action under the counter-law, this person will evade responsibility. During the analysis, the authors focused their attention on the issue of violation of personal interests in the form of honor, although making the disclosure, a specific user may also infringe other personal rights, including those mentioned in art. 23 Civil Code. In the considerations, it has been taken into account that the violation of honor can take the form of verbal as well as non-verbal communication, but it can also occur through the inclusion of a specific content using the functionality of social networking sites. A distinction has also been made between the materials being made, bearing in mind the subject from which the particular material originates, as well as the entity that makes it available. This issue is not without significance for the eventual possibility of evading the liability by a person who shares hyperlink.

  • Issue Year: 214/2018
  • Issue No: 2
  • Page Range: 91-114
  • Page Count: 24
  • Language: Polish