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Pribula László

Vélemény vagy tényállítás?

Kulcsszavak: vélemény és tényállítás elhatárolása, sajtószabadság, személyiségi jogok, sajtó-helyreigazítás, bírói gyakorlat


Press correction is a special way to defend personality rights on the basis of civil law. Its main objective is that if someone states or rumours a false fact or makes a fact appear untrue about a person in a given publication, the affected person has the right to submit his claim – as soon as possible – in order to have a rectifying communication be given out in the particular publication showing which part of the injurious publication states false, unfounded facts or makes a fact appear untrue and what is the reality. If the publisher does not satisfy its duty to correct the injurious publication voluntarily, the affected person – in a short period – has the right to enforce his claim for press correction in an accelerated judicial procedure which allows only restricted production of evidence. the most frequent question of the press correctional lawsuits is whether the content of the publication turns out to be a statement of fact or an opinion. the opinion, assessment, critique and debates about society, politics or art cannot serve as a basis for press correction. the statement of fact is a declaration about a given momentum of reality, the assertion or rumour that something has happened in a certain way or that something really exists. In opposition to the statement of fact, the opinion expresses a value judgement or critique, and false facts cannot be concluded from it even indirectly. It is hard to deine on an objective basis if a declaration is a statement of fact or an opinion. As life creates a wide range of various situations, the developing legal interpretation by the judicial practice has a great impact especially as regards the distinction between a statement of fact and an opinion, the interpretation of the publication or the determination of the content and form of the press correction.
Press correction is a special way to defend personality rights on the basis of civil law. Its main objective is that if someone states or rumours a false fact or makes a fact appear untrue about a person in a given publication, the affected person has the right to submit his claim – as soon as possible – in order to have a rectifying communication be given out in the particular publication showing which part of the injurious publication states false, unfounded facts or makes a fact appear untrue and what is the reality. If the publisher does not satisfy its duty to correct the injurious publication voluntarily, the affected person – in a short period – has the right to enforce his claim for press correction in an accelerated judicial procedure which allows only restricted production of evidence. the most frequent question of the press correctional lawsuits is whether the content of the publication turns out to be a statement of fact or an opinion. the opinion, assessment, critique and debates about society, politics or art cannot serve as a basis for press correction. the statement of fact is a declaration about a given momentum of reality, the assertion or rumour that something has happened in a certain way or that something really exists. In opposition to the statement of fact, the opinion expresses a value judgement or critique, and false facts cannot be concluded from it even indirectly. It is hard to deine on an objective basis if a declaration is a statement of fact or an opinion. As life creates a wide range of various situations, the developing legal interpretation by the judicial practice has a great impact especially as regards the distinction between a statement of fact and an opinion, the interpretation of the publication or the determination of the content and form of the press correction.

Hivatkozási lehetőségek

Metisz url:
http://profuturo.lib.unideb.hu/cikk/cikk/55b0e8d57d849
Pdf url
http://profuturo.lib.unideb.hu/file/4/55b0e8d57d849/szerzo/Pribula_Laszlo-Velemeny_vagy_tenyallitas.pdf