8/2/2019 Engleza Paper

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Right to respect for the private and family life

The right to respect the private and family life is a constitutional right, stated in

the articles 26, 27 and 28 (Intimate, Family and private life, Inviolability of domicile,

Secrecy of Correspondence) of the romanian constitution and in the article 8 (the right to

private life) and 12 (the right to family life) of the European Convention of Human Rights.

In Romania, this right is also mentioned in the new Civil Code which entitles new ways of

protecting this particular right and especially the celebrities from the intrusion of the

paparazzi.

In fact, this is a very controversial right because it comes in conflict with another

constitutional right: freedom of expression, article 30 of the romanian constitution and

article 10 of the European Convention of Human Rights. The right to private life means

that the media and others can be prevented from interfering in your life. It also means

that personal information about you (including official records, photographs, letters,

diaries and medical records), should be kept securely and not shared without yourpermission, except in certain circumstances. But the freedom of expression means that

you can express your views aloud or through published articles, books or leaflets,

television or radio broadcasting, works of art, communication on the internet. So, how we

combine these rights?

Well, the right to freedom of expression has certain restrictions because you have a

duty to behave responsibly and to respect other peoples rights. The limitations of this

rightare prescribed by law and are necessary in a democratic society, in the interests of

national security, territorial disorder or crime, for the protection of health or morals, for

the protection of the reputation or rights of others, for preventing the disclosure of

information received in confidence, or for maintaining the authority and impartiality of the

judiciary.

In order to prove the conflict of these two rights we only have to watch TV or read

magazines because we often see celebrities or even regular people being haunted by the

media, which takes pictures and acquire certain information without their consent and

therefore violate their right to private and family life.

The examples are numerous: if you read scandal magazines youll obviously see

that the media photographed the singer Lavinia Prva entering tefan Bnic Jrs

apartment which caused many rumors and tensions between tefan Bnic and his wife

Andreea Marin. Also, Andreea has many lawsuits against Realitatea TVand the magazine

Ciao and Cancan for the same legal ground, the violation of her right to private and

family life. Another TV channel was fined with 50.000 lei for breaching the right to private

and family right.

There would be lots of other examples but we dont have to see only the this side of

the right to a private and family life because it means more than the problems the

celebrities have with the media.