CIVIL LIABILITY FOR PUBLIC COMMUNICATION UNDER CURRENT ROMANIAN REGULATIONS

Abstract

Freedom of the press does not exclude the obligation of journalists to cover the damages created by their materials, especially by exceeding the freedom of speech. Nevertheless, holding someone liable for exercising a fundamental right is not always as simple as mere tort liability. Under Romanian regulations, the journalist will have to cover the damages only if his work can be qualified as an illicit act, or an illegal content. Alongside an introduction, the paper will consist of three parts: 1. general provisions for the liability of the journalist under national provision, 2. special provisions regarding liability according to Romanian law, by reference to International law, namely, the European Convention on Human Rights and 3. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act - DSA). This article aims to identify the particularities of journalist liability or of another person who makes a public communication, in order to remedy the deficiencies of the current regulation.

Keywords

• journalist liability
• freedom of speech
• public communication
• freedom of expression
• defamation