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The right to honour, privacy and one’s own image is a fundamental right linked to the personality of the individual, derived from human dignity and aimed at protecting its moral dimension. Generally, this fundamental right tends to collide with the right to freedom of expression and information exercised by the media.

Legal Framework:

1. Article 18.1 of the Spanish Constitution: «The right to honour, personal and family privacy and one’s own image is guaranteed.»
2. Organic Law 1/1982, of 5 May, on the civil protection of the right to honour, personal and family privacy and one’s own image.

It is important to note that in order for there to be no illegitimate interference, that is, for the media or third parties to be outside parties to violate this protection, express consent is necessary, which may be revoked at any time. 

Although the terms «honour, privacy and self-image» appear together in Article 18.1, each of them can operate independently. Thus, each of these rights can be exercised and violated autonomously or jointly.

Unlawful interference:

The emergence of the internet has changed the way we relate to each other, as well as the way we protect the rights to honor, privacy and one’s own image against illegitimate intrusions.

Unlawful intrusion occurs when a natural or legal person publishes data and personal information of another person without their express consent.

          To resolve this issue, the Courts, in their abundant jurisprudence, such as STC 24/2019, of February 25 and the STS 1364/2023, of 4 October, take into account the following requirements that must be met in order for the right to freedom of information to prevail:

1. Verify that the information is in the mandatory public interest that legitimises its dissemination when it may affect other protected constitutional rights, although it is clarified by case law that the public interest is not the interest of the public, thus excluding news that is not relevant to the population such as the tabloid press.
2. Veracity of the facts and statements contained in that information.

Conclusion

In short, the balance between fundamental rights requires a careful and contextual analysis. Freedom of expression and information cannot be erected as a license to violate the dignity of others. Only through mutual respect and the appropriate weighing of rights can we guarantee a democratic coexistence based on human dignity, and the express consent of the affected party is also necessary to publish news, unless it affects the common interest.