UNELE CONSIDERAŢII REFERITOARE LA IMPACTUL DREPTULUI UNIUNII EUROPENE ASUPRA COMBATERII ATINGERILOR ADUSE DREPTURILOR PERSONALITĂŢII, A DISCRIMINĂRII ŞI A DISCURSULUI INSTIGATOR LA URĂ PRIN INTERNET ŞI TEHNOLOGIA INFORMAŢIEI
EU LAW IMPACT ON FIGHTING PERSONALITY RIGHTS INFRINGEMENTS, HATE SPEECH AND DISCRIMINATION THROUGH INTERNET AND INFORMATION TECHNOLOGY

Summary/Abstract: This paper operates an analysis of EU law impact on fighting personality rights infringements, hate speech and discrimination through internet and information technology. EU law encompasses inter alia the Convention of Human Rights and Fundamental Freedoms provisions, the ECHR case-law, the European Charter of Fundamental Rights and the EU Court of Justice jurisprudence. The analysis focuses on the radical change of the ECHR vision on the freedom of expression versus personality rights, seen as a part of privacy, through the case of Delfi AS v. Estonia. Another point of interest is an evaluation of the main EU directives in the area, namely E-Commerce Directive and Audio-visual Media Services Directive and EU Court of Justice interpretations of those directives through Scarlet Extended, Google France SARL and Google Inc., Sotiris Papasavas cases. The conclusion is that EU law provides for a progressive framework of protection for personality rights, fight against hate speech and discrimination in on-line communications, which traditionally could entail violation of such rights and legal values in the name of almighty freedom of expression.

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