A (saját) képmáshoz való jog egyes kérdései a romániai polgári jogi és médiaszabályozásban
Considerations Regarding the Right to One’s Own Image in Romanian Civil Law and Audio-visual Media Regulation

Summary/Abstract: Protection of personality rights in Romania comprises several legal aspects, ranging from constitutional law to civil law, including copyright law and media law. The right to the protection of one`s own image lies in the framework of personality rights (civil law), the new Civil Code of Romania offering a whole chapter in this regard: freedom of expression, right to privacy, right to dignity and the right to the protection of one`s own image. Art. 73 of the new Civil Code (in effect since 2011) states that a person may prohibit or oppose to any kind of reproduction of his/her physical traits and/or voice, as well as to the use of the latter. Parallel to the right to the protection of one`s own image based on civil law, there is also a layer of protection based on media law, taking into consideration the Audio-visual Law (amended in 2014) as well as in the Code of regulation of audio-visual content (amended in 2017). The fact that the text of the new Civil Code of Romania does not offer a precise definition of the legal notion of the right to one`s own image, the main issue in interpretation is if this right refers only to a person`s physical traits and/or voice, or does it refer in some instances also to aspects of dignity (honor and reputation)? Diverging jurisprudence and the lack of a harmonized legal framework add to the complexity of the problem.

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