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2020 Aug 28 The SCRPA passed a resolution finding a violation of the Advertising Act, as the Cabinet 339 book advertisement in theaters mentions S. Skvernelis’s first and last name without the consent of Saulius Skvernelis.
The court ruled that the SCRPA exceeded its jurisdiction by ruling on a possible violation of a non-proprietary personal right of a private nature and not on a violation of the interests of the recipients of the advertising (consumers or public).
In addition, the SCRPA unreasonably and unconditionally applied the prohibition of the use of the name established in the Advertising Law, without taking into account the freedom of expression and the right to disseminate information. SCRPA has not identified interests and values that would be violated if freedom of expression and the dissemination of information were restricted.
The court noted that disclosure of the name of a known person in connection with their public activities does not violate privacy.
Photo by Luke April / 15 minutes / Ramūnas Šaučikovas
“This court ruling is a victory for journalists and the public,” he says. 15 minutes Managing Director Ramūnas Šaučikovas. – The SCRPA Commission’s decision sought to set a precedent that would restrict the citizens’ right to know and freedom of expression, which is not in line with democratic principles. I am happy for this achievement, together with the entire journalistic community, the public, and I thank the Court for defending the fundamental values of democracy. “
Photo by Vidmantas Balkūnas / 15min photo / Lawyer Kęstutis Švirinas
“I regard the court’s decision as yet another victory for freedom of expression,” says lawyer Kęstutis Švirinas. – The Court emphasized that the right to receive and impart information plays a fundamental role in a democratic society, especially when such information is in the public interest. It is dangerous when the dissemination of such information is subject to prohibitions.
Saulius Skvernelis’ privacy could not be violated by saying his name, which was generally known due to the fact that he was the Prime Minister of the Republic of Lithuania at that time.
Statements used in the ad, which used the name (“Journalists have released a study on Prime Minister Saulius Skvernelis” and “Is Prime Minister Saulius Skvernelis a democratic politician?”), Raise issues relevant to democracy and its state, and are clearly part of the public debate (speech) is not about the private life of the individual ”.
This decision can be appealed to the Supreme Administrative Court of Lithuania within 30 days.
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