MAGYAR JETI ZRT v. HUNGARY JUDGMENT
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journalistic content and thereby to verify the veracity of the publication.
Hyperlinking also promoted diversity within the media and facilitated an
informed public debate by allowing information and opinions to be more
freely expressed and accessed. In the interveners’ submission, the
imposition of strict liability for hyperlinking had a chilling effect, since
journalists were not in a position themselves to verify the legality of the
content on any linked pages and as a consequence would rather refrain from
this reporting technique in favour of a more traditional approach. They also
pointed out that in practice hyperlinked content could itself be changed so
that it ceased to be lawful by the entity which controlled the relevant web
page, for which it would be unreasonable to hold the journalist responsible.
The imposition of strict liability did not meet a pressing social need because
anyone whose rights had been adversely affected by the placing of unlawful
content online would be able to seek adequate protection by suing the
person who had placed the unlawful content online and requesting that the
injurious content be removed. The interveners accepted that there could be
situations where a journalist’s or journalistic organisation’s liability arose,
for example when they proclaimed specific unlawful content to be true or
when they refused to remove a hyperlink to a web page which had been
found by a court judgment to contain a substantial amount of illegal content.
52. Access Now, the Collaboration on International ICT Policy in East
and Southern Africa and European Digital Rights in their joint observations
submitted that the design of the Internet was premised on the idea of free
linking of information. They argued that hyperlinks were not in themselves
intended to constitute editorial statements and did not necessarily imply, in
particular, that one publication endorsed the other. Hyperlinks merely
pointed to other pages or web resources, whose content, conversely, could
change after the first hyperlink had been posted. In the interveners’
submission, the imposition of an objective-liability standard was
unworkable, requiring individual users to assume that any hyperlink they
posted pointed to content they could verify.
53. The Mozilla Foundation and Mozilla Corporation (collectively
“Mozilla”) argued that the sole purpose of hyperlinks was to allow readers
to navigate to and from information. Hyperlinks were technical and
automatic means for users to access information located elsewhere and
could not be considered to amount to publication of that information. A
restriction on the use of hyperlinks would undermine the very purpose of
the World Wide Web to make items of information accessible by linking
them to each other. The intervener expressed doubts as to how people would
be able to convey information across the countless number of web pages in
existence today if hyperlinking could give rise to liability. Without
hyperlinks, publishers would have to provide alternative instructions for
readers to find more information.
54. The European Information Society Institute submitted that
hyperlinks were a primary tool of digital navigation: they allowed
immediate access to other texts, unlike traditional citation. They also had an
impact on social interactions, which could easily be repressed by restrictions