26/04/2023, 16:10
IV/00005/2013
English
Case number:
IV/00005/2013
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First document received: 03/01/2013
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The subject of the case: the Manor Pf.IV.20.217/2012/5. constitutional complaint filed against
judgment no
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Type of procedure:
Constitutional complaint (Abtv. § 27)
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Type of initiators:
concerned individual or organization
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Date of appointment as a constitutional judge: 06/02/2013
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Presenting constitutional judge: Dr. András Bragyova .
Motion acceptance:
Motion accepted.
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Admission date :
11.03.2013
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The essence of the motion:
The petitioner - the Abtv. in the framework of the procedure according to § 27 - the Kúria
Pfv.IV.20.217/2012/5. judgment no.
The petitioner was convicted by the contested judgment for violating the rights to reputation,
because the content of the two comments published on the website operated by him exceeded the
permissible limits of the expression of opinion; the website gave place to seriously offensive and
degrading comments.
According to the petitioner, the question raised in the constitutional complaint, in addition to
influencing the merits of the case, can be considered to be of fundamental constitutional
importance, because it provides an opportunity to determine the institutional aspect of freedom of
expression. According to his point of view, if the Constitutional Court does not annul the challenged
judgment, unmoderated internet comments cannot be operated legally in Hungary, since the
hosting service provider is involved in a violation of the law in a way beyond his control. This
fundamentally limits the forms and possibilities of expressing opinions on the Internet, and thus
violates the freedom of expression enshrined in the Basic Law. .
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Contested legal act:
the Manor Pfv.IV.20.217/2012/5. judgment no.
8.Pf.21.129/2011/4. judgment No. 19.P.21.022
/2010/7 of the Capital Court. judgment no
The provisions of the Basic Law referred to in the motion:
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Anonymized motion (pdf):
IV_5_2013_0_inditvany_anonym.pdf
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Other attachments (pdf):
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Decision number: 19/2014. (V. 30.) AB decision
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ABH page number: 2014/439 .
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