MAGYAR JETI ZRT v. HUNGARY JUDGMENT
21
the Convention, in the particular situation where in an online article it
included a hyperlink leading to content, available on the Internet, which was
later held to be defamatory. The domestic courts found that the posting of
such a hyperlink automatically qualified as the publication of the
defamatory statement, which finding entailed the objective liability of the
journalist and the news portal run by the applicant company. The question
before the Court is therefore whether the ensuing interference with the
applicant company’s rights under Article 10 of the Convention was, in the
particular circumstances, based on relevant and sufficient reasons and
consequently necessary in a democratic society.
70. The Court observes that the Internet news portal in question is
professionally run, publishes some seventy-five articles on a wide range of
topics every day, and attracts a daily readership of about 250,000.
71. The Court notes that the practice of the domestic courts exempted
publishers from civil liability for reproduction of statements made at press
conferences, provided that they reported on a matter of public interest in an
unbiased and objective manner, distinguished themselves from the source of
the statement and gave an opportunity to the person concerned to comment
on the statement (see paragraph 21 above). However, no such immunity
existed for the dissemination of false or defamatory information falling
outside the scope of press conferences, where the standard of objective
liability applied, irrespective of the question of whether the author or
publisher acted in good or bad faith and in compliance with their journalistic
duties and obligations.
72. The Court reiterates that it has previously noted with approval that
the differentiation as regards third-party content between an Internet news
portal operator and a traditional publisher was in line with the international
instruments in this field, which manifested a certain development in favour
of distinguishing between the legal principles regulating the activities of the
traditional print and audiovisual media on the one hand and Internet-based
media operations on the other (see Delfi AS, cited above, §§ 112-13).
73. Furthermore, bearing in mind the role of the Internet in enhancing
the public’s access to news and information, the Court points out that the
very purpose of hyperlinks is, by directing to other pages and web
resources, to allow Internet users to navigate to and from material in a
network characterised by the availability of an immense amount of
information. Hyperlinks contribute to the smooth operation of the Internet
by making information accessible through linking it to each other.
74. Hyperlinks, as a technique of reporting, are essentially different from
traditional acts of publication in that, as a general rule, they merely direct
users to content available elsewhere on the Internet. They do not present the
linked statements to the audience or communicate its content, but only serve
to call readers’ attention to the existence of material on another website.
75. A further distinguishing feature of hyperlinks, compared to acts of
dissemination of information, is that the person referring to information
through a hyperlink does not exercise control over the content of the website
to which a hyperlink enables access, and which might be changed after the