2 MAGYAR JETI ZRT v. HUNGARY JUDGMENT THE FACTS I. THE CIRCUMSTANCES OF THE CASE 6. The applicant company operates a popular online news portal in Hungary called 444.hu, which averages approximately 250,000 unique users per day. The online news portal has a staff of twenty-four and publishes approximately seventy-five articles per day on a wide range of topics, including politics, technology, sport and popular culture. 7. On 5 September 2013 a group of apparently intoxicated football supporters stopped at an elementary school in the village of Konyár, Hungary, while travelling by bus to a football match. The students at the school were predominantly Roma. The supporters disembarked from the bus, and proceeded to sing, chant and shout racist remarks and make threats against the students who were outside in the playground. The supporters also waved flags and threw beer bottles, and one of them reportedly urinated in front of the school building. To protect the children, the teachers called the police, took the children inside and made them hide under tables and in the bathroom. The football supporters boarded the bus and left the area only after the police arrived. 8. On 5 September 2013 J.Gy., the leader of the Roma minority local government in Konyár, gave an interview, in the company of a pupil of the elementary school and his mother, to Roma Produkciós Iroda Alapítvány, a media outlet with a focus on Roma issues. While describing the events, and referring to the arrival of the football supporters in Konyár, J.Gy. stated that “Jobbik came in1” (Bejött a Jobbik). He added: “They attacked the school, Jobbik attacked it”, and “Members of Jobbik, I would add, they were members of Jobbik, they were members of Jobbik for sure.” On the same day the media outlet uploaded the video of the interview to YouTube. 9. On 6 September 2013 the applicant company published an article on the incident in Konyár on the 444.hu website with the title “Football supporters heading to Romania stopped to threaten Gypsy pupils”, written by B.H., a journalist for the Internet news portal. The article contained the following passages: “By all indications, a bus full of Hungarian football supporters heading to a Romania-Hungary game left a highway in order to threaten mostly Gypsy pupils at a primary school in Konyár, a village close to the Romanian border. According to our information and witnesses’ statements, the bus arrived in the village on Thursday morning. The supporters were inebriated and started insulting Gypsies and threatening the pupils. Teachers working in the building locked the doors and instructed the smallest children to hide under the tables. Mr J.Gy., president of the local Gypsy [cigány] municipality, talked to us about the incident. A phone conversation with Mr Gy. and a parent has already been uploaded to YouTube.” 1. Jobbik is a right-wing political party which at the material time had the third largest representation in the Hungarian Parliament.