Jokes – Legally Speaking (Part one)
Jokes – Legally Speaking (Part one)

Author(s): Bogdan Radu
Subject(s): Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: jokes; pranks; memes; code of conduct; freedom of expression;
Summary/Abstract: The article was written with the purpose of shedding some legal light on the juridical implications that might arise with expressing jokes and satire. The analysis first tried to create a general overview of what constitutes satire or a joke, how they are created and to what purpose. After identifying the social construct – that is “jokes” – the author, recognizing the principles of freedom of speech, searches for breaches as noted in the case-law of the European Court of Human Rights in correlation to the right to privacy and protection of one’s honor. The author concluded that satire is a powerful tool for social commentary and an imperative tool in a democratic society; a tool, just like any other, might be misused thus courts have to intervene and level the plain field.

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