MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
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in the instant case it is necessary to pursue this point further, since in any
case, as explained below, the measure in question breaches Article 10 for
other reasons.
(ii) Legitimate aim
40. The Court reiterates that the number of exceptions to the right to
freedom of expression contained in Article 10 is exhaustive. The definitions
of those exceptions are necessarily restrictive and must be interpreted
narrowly (see, within the context of both Articles 10 and 11, Stankov and
the United Macedonian Organisation Ilinden v. Bulgaria, nos. 29221/95
and 29225/95, § 84, ECHR 2001-IX). For it to be compatible with the
Convention, a limitation on this freedom must, in particular, pursue an aim
that can be linked to one of those listed in this provision. The Court’s
practice is to be quite succinct when it verifies the existence of a legitimate
aim within the meaning of the second paragraphs of Articles 8 to 11 of the
Convention (see, mutatis mutandis, S.A.S. v. France [GC], no. 43835/11,
§§ 113-114, ECHR 2014 (extracts)).
41. The Government submitted that the measure aimed to ensure the
orderly conduct of the voting procedure and to secure the proper use of
ballot papers. They contended that these aims could fall under “the
protection of the rights of others” within the meaning of the second
paragraph of Article 10 of the Convention. The applicant political party
disagreed.
42. In respect of the Government’s argument concerning the protection
of the ordinary conduct of the voting procedure, the Court observes that the
administrative authority was of the view that the uploading of photographs
via the mobile telephone application should be balanced, as a matter of
freedom of expression, against the competing interest of citizens lying in the
fair conduct of referenda and the secrecy of the voting procedure. However,
the Kúria held that the posting of photographs of ballot papers had had no
impact on either. As to the secrecy of the voting, the Kúria emphasised that
the identity of voters could not be discovered through the anonymously
uploaded photographs. It also held that although posting photographs of the
ballot papers on the mobile telephone application had constituted an
infringement of the principle of the proper exercise of rights, it had had no
repercussion on the fair conduct of the elections.
For its part, the Court sees no reason to hold otherwise and is satisfied
that the conduct of the applicant political party was not conducive to any
prejudice in respect of the secrecy or the fairness of the referendum.
43. Moreover, the Government have not pointed to any other actual
rights of “others” that would or could have been adversely affected by the
anonymous publication of imagery of marked or spoiled ballots. They have
not provided any elements showing that there was a resultant deficiency in
the voting procedure, facilitated by the posting of images of those ballot
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