Recent trends on the criticism of politically exposed persons in light of the case law of the appellate courts regarding social media

Abstract

This study examines the recent development of the court practice regarding politically exposed persons, with particular focus on social media aspects. It shows the change in the concept of politically exposed persons and in legislation, then move on to summarise the latest court decisions. It is important to notice that in the past few decades the concept of politically exposed person changed: Nowadays, the courts’ approach in cases concerning personality rights does not focus on the status of being such a person but the matters which may have public interest. For the free debates on public affairs, it is essential to have opportunity to criticise the politically exposed persons. On the social media platforms, the technical development in the last 10-15 years opened the door for quicker and more intense debates. This paper also discusses whether access limitations to social media platforms could have impact on the infringements of rights.