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On Friday 15 minutes He filed a complaint with the Vilnius Regional Administrative Court requesting the annulment of the SCRPA Commission’s decision on the warning. The SCRPA determined the alleged violation of the Advertising Act because his name and surname were mentioned in the advertisement for the book “Cabinet 339” shown in theaters without the consent of S. Skvernelis.
„Journalists have launched an investigation into Prime Minister Saulius Skvernelis“,„Is Prime Minister Saulius Skvernelis a Democratic Politician?They are quotes from a promotional video that stymied consumer advocates.
15 minutes He maintains that the SCRPA decision contradicts Lithuanian and European legal practice, freedom of expression, moreover, the warning is intended for what Prime Minister S.Svvernelis did not even ask to be examined.
“This decision by the SCRPA Commission sets a precedent not only in the media, but also in society – it restricts not only the public’s right to know, but also freedom of expression. This is not in line with the principles of democracy, he says. 15 minutes Managing Director Ramūnas Šaučikovas. – It is important to note that the SCRPA commission rejected all the Prime Minister’s accusations against the portal. 15 minutes on the promotion of Cabinet 339, but he warned against what was not imputed to us, and this violated another of our rights, the right to an effective remedy. With this complaint we seek to annul the decision of the SCRPA Commission. “
Photo by Lukas April / 15min / Ramūnas Šaučikovas
If 15 minutes Kęstutis Švirinas, a lawyer representing Sorainen ir partneriai, says that the warning was issued only after a formal evaluation of one of the provisions of the Advertising Law.
“The European Court of Human Rights has made clear in its rulings that advertising that uses a person’s name without their consent is appropriate if the person is known and does not insult their honor and dignity. There is probably no discussion as to whether S. Skvernelis is a famous person in Lithuania. As the service itself recognized that the publicity of the book did not violate the honor and dignity of S. Skvernelis, the question remains: will the court pass the test of democracy and not restrict the right of the public not only to take an interest but also to publicly discuss the main Lithuanian officials and their environment – that the people mentioned do not want these discussions, ”says K.Švirinas.
Sigismund Gedvila / 15min photo / Kęstutis Švirinas
What does international practice say?
The European Convention on Human Rights, which Lithuania has ratified, enshrines freedom of expression. 15 minutes The SCRPA warning violates freedom of expression.
“The book” Kabinetas 339 “contains a journalistic investigation, the dissemination of information about this book is necessary to ensure the public interest, so the resolution restricts the public’s right to receive information that ensures the public interest. In addition, even the Advertising text itself can be considered as a separate expression of self-expression, as it raises important questions for the public interest, stimulates discussion, “it is written 15 minutes complain.
The European Court of Human Rights (ECHR) has already ruled explicitly recognizing that advertising using a name without the consent of a person is appropriate if the person is known and encourages public debate.
AFP / Photo by Scanpix / European Court of Human Rights
“It is obvious that the announcement of the book” Cabinet 339 “also contributes to useful discussions for the public interest, Prime Minister S.Svvernelis is undoubtedly a public person, his name and surname are not confidential, private information. in accordance with the jurisprudence of the ECHR, 15 minutes Advertising must also be protected as freedom of expression and recognized as appropriate, “states the document presented to the court.
15 minutes you do not agree with the statements of the SCRPA that the dissemination of information about the book “Cabinet 339” is exclusively commercial in nature; Commercial interest in no way denies that the information in the book is important to the public. It is compared that any means of communication also has a commercial interest: publications seek greater circulation, websites, more reviews, etc.
„15 minutes Restricting advertising is essentially silencing political criticism of the public figure. (…) The restriction violates both 15 minutes the right to disseminate information, as well as the right of the public and the public interest in obtaining said information, ”the request states.
Rokas Lukoševičius / 15min photo / Presentation of the book “Cabinet 339” by David Pancerov and Birutė Davidonytė
What does the Lithuanian Advertising Law say?
The Lithuanian Advertising Law contains a provision that requires the consent of the person mentioned in the advertisement.
However 15 minutes SCRPA interpreted this provision formally and did not take into account the other objectives, content and context established in the Advertising Law.
“The name and surname of S. Skvernelis are mentioned for the purpose of presenting the content of the book briefly and clearly, thus ensuring the main objective of the Advertising Law: to improve consumer information. The use of the first and last name of S. Skvernelis in advertising is necessary so that the advertising is sufficiently correct, complete and correctly presented and does not mislead consumers in accordance with the Advertising Law. Furthermore, the Lithuanian Advertising Code of Ethics clearly stipulates that book advertising must be exempt from the usual privacy requirements of individuals, ”he says. 15 minutes In the application.
Erik Ovcharenko / 15min photo / Presentation of the book “Cabinet 339” in Kaunas
The Advertising Law establishes: “The purpose of this Law is to improve information to the consumer about goods and services, protect the rights and legitimate interests of the consumer, protect the freedom of fair competition, promote the self-regulation of advertising and create the conditions for the development of advertising activities “.
15 minutes He argues that the book is about the Prime Minister himself – not mentioning his first and last name in the book’s advertisement would violate that provision of the law.
SCRPA itself promised to investigate more than requested
15 minutes In its complaint, the SCRPA noted that, without any legal basis and in the absence of a reasoned decision, it had expanded the procedure on its own initiative to include the question of S. Skvernel’s first and last name. In his complaint, Saulius Skvernelis himself did not raise the issue of the use of his first and last name.
At once 15 minutes was not informed of the examination of additional circumstances, the company could not provide explanations on the use of the person’s name without consent.
All the allegations made in S. Skvernelis’s own complaint were rejected by the SCRPA commission in the resolution: S. Skvernelis’s complaint concerned his image used in advertising without the consent of a natural person, his opinions are presented and the honor and dignity of a natural person is degraded.
This SCRPA decision has already sparked public debate. Professor Andrius Vaišnys from the Department of Political Communication of Vilnius University assessed that a censorship precedent was being formed.
Go to court 15min in public Dainius Radzevičius, president of the Lithuanian Union of Journalists, described the SCRPA’s decision to restrict the right to criticize the elected government.
D. Radzevičius: freedom of expression must be defended
The president of the Union of Journalists of Lithuania, Mr. Radzevičius, appreciates the need to defend the provision of principle, freedom of expression.
“It just came to our knowledge then 15 minutes decision. Because I would be very disappointed if we did not have principles to defend our right to know all we can about our public figures. In my deep conviction, this dispute is not only about the rights and freedoms of journalists, but about the right to self-expression in Lithuania in general. It is relevant to everyone: people of culture, art, not to mention ordinary people who may not be professional journalists, but who may have thoughts in their lives to speak to, mock or appreciate our first people and their public activities ”, Says D. Radzevičius.
He stressed that “this is a case of freedom of expression, which is needed as air to prove once again that Lithuania is a democratic country.”
Photo by Ernesta Čičiurkaitė / 15min / Dainius Radzevičius
D. Radzevičius stressed that the Prime Minister is one of the most important state officials and opportunities to speak about him, show him and tell him in the way “as any of our Lithuanians imagine” must be guaranteed.
“I have said before that, in my opinion, the SCRPA decision has nothing to do with protecting us as consumers. It is argued very weakly, the arguments are off the finger, I would say, torn and strained, – says D. Radzevičius. – I would like to point out one thing: On the eve of the elections, this case of a man in power who so zealously wants to prevent journalists from expressing themselves is a clear answer to me, that the lessons of democracy are not learned even after 4-8 years in power. It says a lot and I hope it will inform the voters about our officials in charge and their attitude towards free speech. “
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