The role of civil justice in achieving a balance between freedom of the press and the right to private life

Abstract

Although achieving a balance between freedom of the press and the right to private life is a delicate and difficult matter—given that both rights rise to the level of constitutional principles and enjoy equal legal force—civil protection of the right to private life against press infringements nonetheless achieves a certain degree of balance, despite its lack of deterrent effect, particularly in halting an infringement once it has begun or preventing it before it occurs through the adoption of preventive measures provided for in comparative legislation. Nor can the role of compensation for such infringements be denied, especially where the infringement is of a significant nature.