Everyone has the right to freedom of speech. Freedom to express thoughts, opinions or beliefs and the freedom of any kind of creation, by word of mouth, by writing, by images, by sounds or by other means of communication in public, are inviolable.
The exercise of this freedom involves certain limits, because in a democratic society the rights and freedoms of a person extend to where the rights and freedoms of another person start. Limits on freedom of expression include the right of the other to their own image, freedom of expression can not prejudice the dignity, honor, private life of a person, or the right to one’s own image.
In order to protect the right to their own image, it was forbidden by law to broadcast images and sounds recorded with hidden microphones and cameras. By exception, images and sounds recorded with hidden microphones and cameras may be broadcast if two cumulative conditions are met:
– the audiovisual material thus obtained could not be achieved under normal conditions
and
– their content has a legitimate interest to the public.
The law defines “Justified Public Interest” as any local, national or national issues, deeds or events with significance to the life of the community.
For example, public status as well as functions involving a public impact justify the extension of journalistic investigation into the person’s private life.
Broadcasters may broadcast such audiovisual material only with the point of view of the person concerned; if the person refuses to provide a point of view, the broadcaster must state this fact.
Also, in order to allow the viewer to appreciate the truthfulness of the material, it would be ethical for the broadcaster to specify and the source that provided the material or to state the reasons why the source can not be disclosed.
