Browsing by Author "Masiota, Jacek"
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Item WOLNA REKLAMA I JEJ NORMATYWNE OGRANICZENIA(Wydział Prawa i Administracji UAM, 2000) Masiota, JacekFreedom of speech is considered as one of fundamental values protected in a democratic lawful State. However, there is a need to stress the fact that a conflict between goods subjected to a protection - is already characteristic feature of contemporary world. The principle of economic freedom, and consequently - freedom of advertising, does compete here against the freedom of speech, the right to a privacy, the ban on unfair competition and the ban on advertising some chosen products. The Author of the article criticises some of normative solutions adopted in Polish legislation on the freedom o f advertising. He indicates for instance that thanks to having admitted intermediate advertising in case of promotion of alcohol - in fact a circumvention of the inhibition to advertise such products is permitted. He stresses also that Polish legislation lacks some clear definition of the position that is occupied by the Internet among other advertising media. The Author mentions finally that Polish streets are overloaded with advertisement of mere esthetic quality.Item ZAKAZ REKLAMY A PRAWO DO RZETELNEJ INFORMACJI (W ŚWIETLE PRZEPISÓW O ADWOKATURZE)(Wydział Prawa i Administracji UAM, 2002) Masiota, Aleksandra; Masiota, JacekThe interdiction to advertise attorneys’ services, although sometimes claimed to violate the freedom of speech, is a limitation consciously self-imposed by the corporation, as it has been considered deontologically sound according to the Bar Code of Conduct. Yet, although ethical norms prevent attorneys from advertising themselves, they are allowed to provide information concerning their services. This freedom, secured in art.61 o f the Code in relation with art. 8 point 2 o f the Polish Constitution, gives the right for reliable and complete information concerning the activity of organs which perform their duties imposed by force of freelance profession self-government. Additionally, it is worth considering the future of freelance profession codes of conduct, including the Bar code. Leaving them unchanged might result in their trivialisation, i.e. they might turn from deontic codes into codes o f wishful thinking and accounts of desirable manners of conduct set out to corporation members as a goal to be attained. When it comes to professional ethics, this is the case in the USA, where the law imposes no obligations even in ethically unambiguous situations.