The court overturned the SCRPA’s decision regarding violations of the publicity of the book “Cabinet 339”.



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In August last year, the State Service for the Protection of Consumer Rights (SCRPA) passed a resolution by which the publicity of this book violated the Publicity Law, since his name was mentioned without the consent of the then Prime Minister Saulius Skvernelis. Then a warning was issued to the portal.

According to the court, in doing so, the Prosecutor’s Office exceeded its competence by “deciding on a possible violation of the personal non-patrimonial law of a private nature, and not on the violation of the interest 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. The SCRPA has not identified interests and values ​​that would be violated if freedom of expression and the dissemination of information were restricted, ”the court report states.

It is also noted that using the name of a known person in connection with their public activities does not violate privacy.

The portal has previously announced that the service has investigated the complaint of the then Prime Minister S. Skvernelis, who claims that the announcement of the book “Cabinet 339” uses opinion, image, damage to honor and dignity and business reputation without his consent.

At the time, the portal claimed that the book used by journalists Dovydas Pancerovas and Birutė Davidonytė used an artistic work: a book cover with a drawn silhouette and an audio fragment of a public session at the Seimas.

This court decision can be appealed to the Supreme Administrative Court of Lithuania within 30 days.

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