MAGYAR TARTALOMSZOLGÁLTATÓK EGYESÜLETE AND INDEX.HU ZRT
v. HUNGARY JUDGMENT
13
1999-III; Jersild v. Denmark, 23 September 1994, § 31, Series A no. 298;
and De Haes and Gijsels v. Belgium, 24 February 1997, § 37, Reports
1997-I). Journalistic freedom also covers possible recourse to a degree of
exaggeration, or even provocation (see Couderc and Hachette Filipacchi
Associés v. France [GC] (no. 40454/07, § 89, 10 November 2015;
Bladet Tromsø and Stensaas, cited above, § 59; and Prager and
Oberschlick v. Austria, 26 April 1995, § 38, Series A no. 313). The limits of
permissible criticism are narrower in relation to a private citizen than in
relation to politicians or governments (see, for example, Delfi AS, cited
above, § 132; Castells v. Spain, 23 April 1992, § 46, Series A no. 236;
Incal v. Turkey, 9 June 1998, § 54, Reports 1998-IV; and Tammer
v. Estonia, no. 41205/98, § 62, ECHR 2001-I).
56. Moreover, the Court has previously held that in the light of its
accessibility and its capacity to store and communicate vast amounts of
information, the Internet plays an important role in enhancing the public’s
access to news and facilitating the dissemination of information in general
(see Ahmet Yıldırım v. Turkey, no. 3111/10, § 48, ECHR 2012; Times
Newspapers Ltd v. the United Kingdom (nos. 1 and 2), nos. 3002/03 and
23676/03, § 27, ECHR 2009; and Delfi, cited above, § 133). At the same
time, in considering the “duties and responsibilities” of a journalist, the
potential impact of the medium concerned is an important factor (see Delfi,
cited above, § 134; see also Jersild v. Denmark, cited above, § 31).
57. The Court further reiterates that the right to protection of reputation
is a right which is protected by Article 8 of the Convention as part of the
right to respect for private life (see Chauvy and Others v. France,
no. 64915/01, § 70, ECHR 2004-VI; and Polanco Torres and Movilla
Polanco v. Spain, no. 34147/06, § 40, 21 September 2010). In order for
Article 8 to come into play, however, an attack on a person’s reputation
must attain a certain level of seriousness and be made in a manner causing
prejudice to personal enjoyment of the right to respect for private life (see
Delfi AS, cited above, § 137; Axel Springer AG v. Germany [GC],
no. 39954/08, § 83, 7 February 2012; and A. v. Norway, no. 28070/06, § 64,
9 April 2009).
58. When examining whether there is a need for an interference with
freedom of expression in a democratic society in the interests of the
“protection of the reputation or rights of others”, the Court may be required
to ascertain whether the domestic authorities have struck a fair balance
when protecting two values guaranteed by the Convention which may come
into conflict with each other in certain cases, namely on the one hand
freedom of expression protected by Article 10, and on the other the right to
respect for private life enshrined in Article 8 (see Delfi AS, cited above,
§ 138; Axel Springer AG, cited above, § 84; Hachette Filipacchi Associés
v. France, no. 71111/01, § 43, 14 June 2007; MGN Limited v. the United
Kingdom, no. 39401/04, § 142, 18 January 2011).