[1.3] RB work out disputes news gossip Securities

Thesis: creativity and freedom of expression is not absolute and may be restricted in order to protect the rights of others, including Article 96 of the Constitution guaranteed the right to privacy. motor imports
However, motor imports the creative freedom restrictions must be justified as any civil liability in connection with the case of publications in the literature evaluated as a potential creative freedom restrictive measure which could lead to censorship. Thus, the existence of a legitimate aim to limit freedom of creativity is assessed on a case by case basis, subject to the principle of proportionality.
In assessing the need for restricting the freedom of creativity, it is important, first, whether the object is a creative work and to what genre it belongs to. Second, based on the specific work of the genre, the court shall evaluate literary relationship with reality motor imports (it is fiction or it contains news, facts that can be assessed from an objective point of view, the truth of) the work of artistic form, content, and overall motor imports context. This is particularly important in cases where the creative work is based on real events, facts, while including elements of fiction.
In the event of restrictions necessary personal reputation, privacy protection is particularly important offensive element of nature, including offensive speech style, personality in society, to be recognized given the possibility of a creative work. Also, please note that any creative work is based on fiction (imaginary), so the limits permitted only in exceptional circumstances.
the participation of the applicant AD and her attorney at law representing Jelena Averinskai defendant SIA "Flag 3" attorney at law representing Erlen Kalnins, the defendants AS "Delphi" Representative IB defendant RB,
public hearing reviewed in connection with a civil defendant SIA "Flag 3", JSC "Delphi" and RB cassation complaints of Latvian Republic Supreme Court Civil Division's judgment of 10 March 2011 AD action against Ltd. "Flag 3", JSC "Delphi" and RB, by a third party RR for defamatory message recall and recover compensation for non-pecuniary damage.
[1] On February 26, 2008 AD brought a lawsuit against Ltd. "Flag 3", JSC "Delphi" and RB, by a third party RR, which asked: to oblige the defendants to publicly apologize motor imports and withdraw the defamatory publication; Orders the defendant JSC "Delphi" to ensure that the applicant defamatory messages would no longer be found in the Internet search engines or to be found only in combination with an apology; recover from the defendants in favor of the applicant to refund U.S. $ 200 000 due to the non-pecuniary damage.
[1.1] literary monthly magazine "Flag" 2007 [...] room RB published work titled "Gossip". Among other gossip in the work of the monthly motor imports magazine [...], p. found the applicant defamatory, false message with the following content: "Poets and ad rr slept together one time and sleep so anxious amendment that regularly motor imports awakened in the morning, cross-pārkrituši one over the other, thus creating a perfect German Nazi swastika., this fact both poor thing tormented and troubled so much that they finally decided to pašķirties however, also well done "(hereinafter - Tenka disputes).
Later, in 2007, [...] September, RB job "Gossip", including disputes gossip without the applicant's consent, published in the portal "Delfi" in the "What's going on?" Where, using the search "google.lv" can be found to this day;
[1.2] literary monthly magazine "Flag" editor in chief of the Latvian Writers motor imports 'Union Chairman Eve Coleman was known to the applicant and the publication of the said RR there is a dispute relating to the Latvian Writers' Union of professional conduct. In addition, motor imports the monthly magazine of literature "Flag" 2007 [...] room also published poetry RR set that contains read the following verse: "The Virgin Mary made abortion / Kaili standing crosses in churches." Therefore, in conjunction with the dispute gossip verse produced ambiguous, compromising the role.
RB job "Gossip" at the beginning stated: "Since this is just gossip, all of them described the events most likely are fictitious, and any coincidence with real life considered motor imports to be a happy coincidence." This indication can be seen therefore that the gossip is not a figment motor imports of the author, but they have to real life;
[1.3] RB work out disputes news gossip Securities