Prawo do kultywowania pamięci osoby zmarłej a działalność prasy
Right to Cultivate the Memory of a Deceased Person and the Activity of Press

Summary/Abstract: The article focuses on the issue of protection of the memory of the deceased in the light of the mass media activity. The cult of memory of the deceased does not belong to the catalogue of personal rights defined by the civil code. They rather concentrate on: health, freedom, reverence, freedom of conscience, surname or pseudonym, secrecy of correspondence, inviolability of residence, scientific and artistic rationalization of crea-tivity. The legislator, however, by not applying the numerus clausus rule, lets the legal doctrine and judicial decisions create new kinds of personal rights. Thus, among such newly-created rights there is the cult of a deceased person. Personal rights are subjec-tive ones, which means that they exist as long as a human being exists, from his/her birth to death. Therefore, a deceased person does not possess personal rights which would be protected by the law. Relatives, however, may demand a protection of their personal right defined as “cult of a deceased person” by requiring to cease an action unless it is not illegal.

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