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The book Cabinet 339, published last December, talks about 15 minutes A one-year journalistic investigation by journalists Birutė Davidonytė and Dovydas Pancerovas, focused on Prime Minister S. Skvernelis. The book describes the events related to the Prime Minister, analyzes his decisions, evaluates the circumstances of such decisions. The publication of this book was publicized in cinemas and radio stations.
On March 4 of this year, SCRPA received a complaint from S. Skvernelis regarding “violations of the applicant’s opinion, the image of an individual, honor and dignity, and business reputation used in advertising without consent.”
The Prime Minister’s complaint argues that the announcement of the book “Cabinet 339” uses image and voice without consent, as well as the opinion of a natural person, violates the right to privacy. The purpose of the consent is said to be to insult him, humiliate him, not inform the public about the Prime Minister’s activities and “this is a clear abuse of rights.” It is also argued that voice and image are used for commercial purposes.
Luke April / 15min photo / Saulius Skvernelis
“The complaint states that the image represented in the announcement of the book” Cabinet 339 “facilitates the identification that the image and the voice of the applicant have been used in the announcement,” the SCRPA ruled to initiate the procedure.
The Prime Minister’s complaint is based on Article 2.22 of the Civil Code, which regulates the human right to the image, as well as the provisions of the Advertising Law, which prohibits the use of advertising without the consent of a natural person, name or other data, image or opinion. dignity.
SCRPA has opened the case: The meeting took place last Wednesday, but the case was postponed after receiving additional explanations from the parties.
15 minutes– this is for public information purposes only
News portal 15 minutes disagrees with the arguments presented in the Prime Minister’s complaint: the announcement of the book “Cabinet 339” was released exclusively for the purpose of informing the public, according to the comments.
Only the cover of the book was used in the ad, part of which was an artistically drawn human silhouette. This represents the artistic decision of the author, not a photograph, portrait or other image of the person.
Julius Kalinskas / 15min photo / Presentation of the book “Cabinet 339”
An excerpt from the Seimas morning public session was used in the announcement. October 16 S. Skvernel’s phrase was pronounced: “The public’s right to know is not absolute.”
15 minutes considers that the applicant, S. Skvernelis, is the Prime Minister of the Government and is unconditionally considered a public figure. The Prime Minister’s status as a public person cannot be questioned, and all information related to his professional activities and published is in the public interest and satisfies the public interest to know.
The book, like its advertisement, publishes information gathered by journalists related to the Prime Minister’s professional activities.
“The Prime Minister unjustifiably defends his right to privacy, noting that his opinion has been made public, because the public statement made by one of the most important state officials in the Seimas court during the session is not his personal opinion of a person private. ” 15 minutes feedback.
Erik Ovcharenko / 15min photo / Presentation of the book “Cabinet 339” in Kaunas
15 minutes is a means of informing the public, the authors of the book, journalists B. Davidonytė and D.Pancerovas, in the course of their direct job duties, wrote an investigative journalism book, to which the Public Information Law should apply. .
In his complaint, the SCRPA Prime Minister requests to suspend the dissemination and use of the book announcement “Cabinet 339”, to impose a fine provided for in the Advertising Law, the amount of which would reach 1.5%. annual income, but not more than one hundred thousand euros.
The State Consumer Rights Protection Service is a state institution under the Ministry of Justice, which implements state policy in the field of protection of consumer rights and guarantees the protection of consumer rights.
D.Radzevičius compares to censorship: will it also ban the advertising of “Bicycle News”?
Dainius Radzevičius, president of the Union of Journalists of Lithuania, after learning about the file, considers the complaint by Prime Minister S. Skvernelis absurd.
“First of all, a book is like a magazine, a newspaper, television is a means of informing the public.” And secondly, for the media to speak, write, about public figures, present to the public, announce, announce, these things were not revoked by anyone. Now, if Lenin’s or Stalin’s grandchildren followed the Prime Minister’s example, he would be prohibited from advertising Grūtas Park and the sculptures and images there. Frankly, this is probably an example of the most absurd, no public person would probably do such nonsense, “said D. Radzevičius.
Photo by Arno Strumila / 15min / Dainius Radzevičius
He considers that the announcement of the book “Cabinet 339” contains nothing of the Prime Minister’s private life.
“The Prime Minister must bear in mind that he is not a private person under any circumstances, especially when presenting his public speeches or quotes or images. He never has been, he does not become, and in the near future he does not seem to become a private person. Whichever way the public is informed, it should not deprive the public of that right to information. If the Prime Minister wanted to be a private person, he might have to resign, “says D. Radzevičius.
The head of an organization that unites journalists equates an attempt to ban advertising with censorship: Legal measures and fines are intended to intimidate, deter the writing or distribution of books. However, the effect may be the opposite.
“It was not clear to me what the Prime Minister’s real goals were in writing that complaint overall. It is likely that in such a complaint, to ban advertising or marketing, he himself would announce both the book and the publishers. I lack an approach systemic, a public understanding of what is, after all, the creative freedom to write books or make sculptures and advertise or present them to the public at the same time, “says D. Radzevičius.
Nor does it understand the allegations made in the politician’s complaint about the possible insult or use of honor or dignity for commercial purposes.
“Well, then that the Prime Minister still bans the ads for” Dviračio žinios “, TV report ads, which are advertised in exactly the same way. He is a public figure, don’t forget. The public’s right to information includes both the right to a book and its advertisement or advertising, we have the right as consumers to have access to the advertised work, be it a performance, a concert or a book. Here the Prime Minister is the main character of the book. image and the Prime Minister’s speech offend him, well then he offends himself, “says D. Radzevičius.
He recalls that the limits of criticism of public figures and politicians are extremely wide, as evidenced by the jurisprudence of the Supreme Court of Lithuania and the European Court of Human Rights.
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