Abstract

The article discusses the problem of making audio-visual recordings of the course of civil proceedings by the parties and by journalists. Considering the fact that as opposed to the criminal procedure regulations there are no provisions in the civil procedure which would allow the court to permit such recordings, this situation gives rise to many controversies caused by different practices of civil courts. The article discusses the possibility of recording the proceedings as regulated in the Code of Civil Procedure and the Code of Criminal Procedure, pointing out the differences in this respect, and analyses the possibility of applying criminal procedure provisions by analogy in civil proceedings. The author underlines the need to protect the right of privacy and image as a criterion restricting the principle of open proceedings and possibility of recording the sittings and using them later, which involves the need to secure permission of the parties and witnesses to record their statements. Those restriction do not apply to persons participating in the proceedings ex officio. The author also discusses participation of journalists in the proceedings and the possibilities of using by them the collected material. With a view to the provisions of the Copyright and Related Rights Act of 4 February 1994 (Copyright Act) and the ensuing protection of image, no permission is needed only for recording of images in accordance with the requirements Art. 81.2.2 of the Copyright Act, though even then one should mind the prohibition to record statements made by persons protected by the right of privacy.