Symbolon (Aug 2020)
A (saját) képmáshoz való jog egyes kérdései a romániai polgári jogi és médiaszabályozásban
Abstract
Considerations Regarding the Right to One’s Own Image in Romanian Civil Law and Audio-Visual Media Regulation Protection of personality rights in Romania comprises several legal aspects, ranging from constitutional law to civil law, including copyright law and media law. The right to the protection of one`s own image lies in the framework of personality rights (civil law), the new Civil Code of Romania offering a whole chapter in this regard: freedom of expression, right to privacy, right to dignity and the right to the protection of one`s own image. Art. 73 of the new Civil Code (in effect since 2011) states that a person may prohibit or oppose any kind of reproduction of his/her physical traits and/or voice, as well as to the use of the latter. Parallel to the right to the protection of one`s own image based on civil law, there is also a layer of protection based on media law, taking into consideration the Audio-visual Law (amended in 2014) as well as in the Code of regulation of audio-visual content (amended in 2017). The fact that the text of the new Civil Code of Romania does not offer a precise definition of the legal notion of the right to one`s own image, the main issue in interpretation is if this right refers only to a person`s physical traits and/or voice, or does it refer in some instances also to aspects of dignity (honor and reputation)? Diverging jurisprudence and the lack of a harmonized legal framework add to the complexity of the problem.
