THE RIGHT TO REPLY FROM A MEASURE FOR RESTORING THE RIGHT TO DIGNITY TO A PERSONALITY RIGHT

Maria Irina Budica-Iacob (Iacob) ()
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Maria Irina Budica-Iacob (Iacob): Faculty of Law, University of Craiova

Perspectives of Law and Public Administration, 2019, vol. 8, issue 2, 192-207

Abstract: The right to dignity is fundamentally linked to the human being. Any breach thereof must give the holder the opportunity to repair the prejudice caused. Most of the time the prejudice is primarily non-patrimonial, which makes it more difficult to remedy. The right of reply gives the interested party a non-patrimonial remedy of the dignity through the possibility of restoring his/her reputation by presenting his/her variant of truth. The purpose of this paper is to highlight the importance of granting the right of reply in the shortest possible time and through the fastest possible means, including through provisional measures. Its recognition at the legislative level only in the field of audio-visual communications is not sufficient, but may represent a starting point for its extension in the civil law. The lack of an express regulation in civil matter does not, however, impede its granting, but the observance of some conditions specific to the civil means of protection of the personality rights is required, and the time elapsed until its exercise is longer and the reply may become inconsiderable. Reparation by equivalent cannot fully restore the right to dignity, which is why the legislative recognition in civil law of the right of reply is required as a personality right in the interest of the individual's self-determination regarding the public presentation of his/her person. Classification-JEL: K15 Keywords: right to reply, dignity, reputation, lege ferenda. Journal: Perspectives of Law and Public Administration

Date: 2019
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