THE ABUSIVE EXERCISE OF FREEDOM OF SPEECH AND THE HARM CAUSED TO HONOUR AND REPUTATION
THE ABUSIVE EXERCISE OF FREEDOM OF SPEECH AND THE HARM CAUSED TO HONOUR AND REPUTATION

Summary/Abstract: The freedom of speech – fundamental right of each individual- is guaranteed by the European Convention of Human Rights and also by the internal legislation, on the highest level being situated the Romanian Constituion. Nevertheless, the freedom of speech is not absolute, the boundaries applied to its exercise taking into consideration the need to protect other fundamental values, such as the right to a private life, honour and reputation. Damaging these rights which are inherently connected to the human being, or the so called personality rights, creates mainly a moral harm but it implies the obligation for the one guilty of the illicit act to repair it by the rules of tort liability. If, by paying a sum of money, one can repair the pecuniary damage, the moral one cannot be repaired. But there are certain means that could lead to stopping or preventing a new wrong doing, and paying a sum of money to the victim could only value a compensation meant to diminish his or her sufferance.

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