The questions below offer a general framework on personal data in news reporting, false news, the unauthorized use of a photograph and criticism on social media. In a specific case, time limits, documents and the regulations in force are assessed separately.
Showing 1–4 of 4 questions
Does a journalist’s reporting make every sharing of personal data lawful?
No; freedom of expression and of the press are balanced against the rights to private life and personal data.
The public interest, the person’s public role, the accuracy of the report, the scope of the information used and proportionality are assessed. Additional sensitivity is required when publishing data that clearly concerns private life.
What applications can be made regarding false news on the internet?
Depending on the specific content, a reply and correction, protection of personality rights and claims for compensation may be considered.
The link to the publication, dated screenshots, documents supporting the claim of falsity and the effect of the harm should be preserved. The procedures for removing content or blocking access are determined according to the special provisions in force.
Can a person’s photograph be used in an advertisement without permission?
As a rule, permission or another legal basis is required under personality rights, the Law on Intellectual and Artistic Works (FSEK) and the Personal Data Protection Law (KVKK).
The context in which the photograph was taken, commercial use, permission to publish and the recognizability of the person are important. That a photograph was taken in a public place does not permit its unlimited use in advertisements.
When does criticism on social media become unlawful?
The factual basis of the criticism, the manner of expression and the level of interference with personality rights are assessed.
Value judgments and factual allegations are protected differently; threats, insult or a violation of personality rights may have separate consequences. The content, its context and the exchanges between the parties should be examined as a whole.