MATÚZ v. HUNGARY JUDGMENT
7
d. Whether the interference was necessary in a democratic society
i. The principles established by the Court’s case-law
31. The central issue which falls to be determined is whether the
interference was “necessary in a democratic society”. The fundamental
principles in that regard are well established in the Court’s case-law and
have been summarised as follows (see, among other authorities,
Vogt v. Germany, 26 September 1995, § 52, Series A no. 323;
Hertel v. Switzerland, 25 August 1998, § 46, Reports of Judgments and
Decisions 1998-VI; and Steel and Morris v. the United Kingdom,
no. 68416/01, § 87, ECHR 2005-II):
(α) Freedom of expression constitutes one of the essential foundations of a
democratic society and one of the basic conditions for its progress and each
individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not
only to “information” or “ideas” that are favourably received or regarded as
inoffensive or as a matter of indifference, but also to those that offend, shock or
disturb; such are the demands of that pluralism, tolerance and broadmindedness
without which there is no “democratic society”. Freedom of expression, as enshrined
in Article 10, is subject to a number of exceptions which, however, must be narrowly
interpreted and the necessity for any exceptions must be convincingly established.
(β) The adjective “necessary”, within the meaning of Article 10 § 2 implies the
existence of a “pressing social need”. The Contracting States have a certain margin of
appreciation in assessing whether such a need exists, but it goes hand in hand with a
European supervision, embracing both the law and the decisions applying it, even
those given by independent courts. The Court is therefore empowered to give the final
ruling on whether a “restriction” is reconcilable with freedom of expression as
protected by Article 10.
(γ) The Court’s task, in exercising its supervisory jurisdiction, is not to take the
place of the competent national authorities but rather to review under Article 10 the
decisions they delivered pursuant to their power of appreciation. This does not mean
that the supervision is limited to ascertaining whether the respondent State exercised
its discretion reasonably, carefully or in good faith; what the Court has to do is to look
at the interference complained of in the light of the case as a whole and determine
whether it is “proportionate to the legitimate aim pursued” and whether the reasons
adduced by the national authorities to justify it are “relevant and sufficient”. In so
doing, the Court has to satisfy itself that the national authorities applied standards
which were in conformity with the principles embodied in Article 10 and, moreover,
that they based their decisions on an acceptable assessment of the relevant facts.
32. The Court also observes that the present case bears a certain
resemblance to the cases Fuentes Bobo (cited above) and Wojtas-Kaleta v.
Poland (no. 20436/02, 16 July 2009) in which it found violations of
Article 10 in respect of journalists who had publicly criticised the public
television broadcaster. Likewise, in the present case, the applicant, a
journalist, wrote a book in criticism of the conduct of his supervisors and
employer. Therefore this case also raises the problem of how the limits of
loyalty of journalists working for such companies should be delineated and,
in consequence, what restrictions can be imposed on them in public debate.
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