MAGYAR JETI ZRT v. HUNGARY JUDGMENT 5 The subjective sanctions for a violation of inherent rights: In accordance with paragraph 1 (e) of Article 84 of the Civil Code, a person whose inherent rights have been violated should bring an action for punitive damages in accordance with the liability regulations under civil law. Pursuant to paragraph 1 of Article 339 of the Civil Code, a person who causes damage to another person in violation of the law is liable for such damage. He is to be relieved of liability if he is able to prove that he has acted in a manner that can generally be expected in the given situation. Pursuant to paragraphs 1 and 4 of Article 355 of the Civil Code, the person responsible for the damage must compensate the aggrieved party for any non-pecuniary damage. The four conjunctive conditions for compensation for non-pecuniary damage are: (1) the breach of the law through the violation of inherent rights; (2) imputability of fault; (3) non-pecuniary disadvantage; (4) a causal link between the violation of inherent rights and the non-pecuniary disadvantage. With regard to legal entities, non-pecuniary damage is any non-pecuniary disadvantage or loss manifested in the assessment of the legal entity, and in adverse changes in its business turnover, in its participation in other relations and in the situation and quality of its existence and operations. The occurrence of the disadvantage can be established not just on the basis of evidence but by publicly known facts as well, in accordance with paragraph 3 of Article 163 of the Code of Civil Procedure (BH.2001.178.) In the case in question, the Court has established it as a publicly known fact that the first defendant’s statement, which presented the plaintiff political party as having caused an aggressive, threatening and racist event, and which was later publicly disseminated by the other defendants, caused non-pecuniary damage in the assessment of the plaintiff political party. Such events are rejected and regarded with disdain by a wide layer of society, and force the legal entity ‘associated’ with the events to explain and clarify its role (or in this case, its lack of role). In the case of a political party with parliamentary representation, this kind of non-pecuniary damage can especially be caused by such a violation of inherent rights committed nearly six months prior to the parliamentary elections. With regard to the first defendant, the Court has established the fact of imputability out of the conditions for compensation for non-pecuniary damage ... In the case of the other defendants, the Court did not establish any fault with regard to the breach of the law, and consequently the Court has rejected the plaintiff’s claim for compensation for non-pecuniary damage against the other defendants, in the following manner: In their own online news websites maintained by the fifth [the applicant company], sixth and eight defendants, the defendants in question published reports that presented the events of 5 September in the most realistic way, and they used the available information channels and forms of control in the expected manner. They presented contradictory information and opinions in an objective manner, remaining true to the information and the given opinions. The fact that the defendants also included [Mr J.Gy.’s statements] does not infringe the procedure expected of the staff of press outlets in such a situation, [is] not regarded as a deliberately false publication, and therefore does not call for the establishment of whether the employees of the defendants in question failed to examine the veracity of the facts, and in relation to this, failed to act with the precision necessary for the responsible exercise of the constitutional right to freedom of expression. In contrast with this, it can explicitly be established from the content of the testimonies and the reports submitted that the employees of the defendants concerned acted with the precision necessary for the responsible performance of their work[:] they examined, exposed and presented the