20
MAGYAR JETI ZRT v. HUNGARY JUDGMENT
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 Axel Springer AG
v. Germany [GC], no. 39954/08, § 84, 7 February 2012, and Von Hannover
v. Germany (no. 2) [GC], nos. 40660/08 and 60641/08, § 106, ECHR 2012,
and the cases cited therein).
66. As regards the importance of Internet sites in the exercise of freedom
of expression, the Court has found that in the light of its accessibility and its
capacity to store and communicate vast amounts of information, the Internet
has played 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). At the same time, the risk of
harm posed by content and communications on the Internet to the exercise
and enjoyment of human rights and freedoms, particularly the right to
respect for private life, is certainly higher than that posed by the press (see
Egill Einarsson v. Iceland, no. 24703/15, § 46, 7 November 2017). Because
of the particular nature of the Internet, the “duties and responsibilities” of
Internet news portals for the purposes of Article 10 may differ to some
degree from those of a traditional publisher, as regards third-party content
(see Delfi AS, cited above, § 113). Although Internet news portals are not
publishers of third-party comments in the traditional sense, they can assume
responsibility under certain circumstances for user-generated content (see
Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary,
no. 22947/13, § 62, 2 February 2016).
67. Concerning information society service providers (“ISSPs”) which
store information provided by a recipient of their services, the Court has
indicated in respect of an Article 8 complaint that in line with the standards
on international law, ISSPs should not be held responsible for content
emanating from third parties unless they failed to act expeditiously in
removing or disabling access to it once they became aware of its illegality
(see Tamiz v. the United Kingdom (dec.), no. 3877/14, 19 September 2017).
68. Lastly, the Court has held that the policies governing reproduction of
material from the printed media and the Internet may differ. The latter
undeniably have to be adjusted according to technology’s specific features
in order to secure the protection and promotion of the rights and freedoms
concerned (see Editorial Board of Pravoye Delo and Shtekel v. Ukraine,
no. 33014/05, § 63, ECHR 2011 (extracts)). The absence of a sufficient
legal framework at the domestic level allowing journalists to use
information obtained from the Internet without fear of incurring sanctions
seriously hinders the exercise of the vital function of the press as a “public
watchdog” (ibid., § 64).
(ii) Application of those principles to the present case
69. The Court considers that the present case concerns the “duties and
responsibilities” of an Internet news portal, for the purposes of Article 10 of