СЛОБОДА ИЗРАЖАВАЊА И ПРАВА ЛИЧНОСТИ У МЕДИЈСКОМ АМБИЈЕНТУ
Freedom of Expression And Personality Rights In The Media Environment

Summary/Abstract: Being guaranteed by the Constitution, freedom of expression implies one’s right to have and express opinions on a particular idea, phenomenon, fact or personality. On the other hand, the Constitution also guarantees the right of every single individual who has been frustrated by another’s freely expressed opinion or statement to seek protection from violence, discrimination, violation of honor and reputation, hate speech or invasion of privacy and personal identity. Considering the interrelatedness of the protected values contained in the corpus of human rights and freedoms, freedom of expression is bound by substantive and concordant limitations. Rights are part of the habitus of freedom. All rights are conditioned by personality rights. The freedom of expression of the media implies the right to seek, receive and impart information by means of speech, writing, television or other means of public communication. The media freedom of expression calls for more responsibility because all mass media communication is aimed at the general public. Therefore, the very habitus of freedom does not make any allowances for violating the constitutional order, endangeringthe public security and territorial integrity of the country, propagating warfare, incitingviolence, advocating hatred, hostility and discrimination, jeopardizing the independence of the judiciary, endangering public health and moral. The exercise of the freedom of expression depends on the global media freedom and the individual freedom of journalists. The media include newspapers, radio, television, news agency services, the Internet and electronic editions of the printed media, and other means of mass communication and public information. The journalists’ freedom implies their right to be independent and free from any undue influence in performing their work. Personality rights concordantly restrict the media freedom of expression so that it would not jeopardize the constitutionally guaranteed rights of persons who the published information refers to. These personality rights include: 1) the right to life and integrity, 2) the right to honor and reputation, 3) the right to integrity, 4) the right to legal protection against hate speech, 5) the right to privacy, 6) the right seek a reply and a correction, 7) the right to recall some information, 8) the right to prohibit reissuing some information, 9) the right to publish information on the outcome of criminal proceedings,10) the right to seek monetary compensation (damages). The concordant limitations are supplemented by the standards of journalists’ professional ethics. In order to avoid conflicts, the media freedom of expression must be cross referenced with the rights of persons the media information refers to. In case of collision,these rights and freedoms should be balanced and brought into the state of equilibrium.

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