8
MAGYAR JETI ZRT v. HUNGARY JUDGMENT
publisher provided the source of the statement and gave the person
concerned by the potentially injurious statement the opportunity to react. In
such cases, according to the Constitutional Court, journalists neither made
their own statements, nor did they intend to influence public opinion with
their own thoughts. Therefore, the liability of the press for falsehoods was
to be distinguished from situations where media content was merely defined
by the editors’ and journalists’ own choices and decisions. Specifically, in
these situations the aim of a publication was neither to enrich nor to
influence public debate with the journalists’ own arguments, but to provide
an up-to-date and credible report on the statements of third parties
participating in public debates. The interest in a public debate required
accurate reporting about press conferences.
22. Concerning the present case, the Constitutional Court found that the
dissemination of a falsehood did not concern a statement expressed at a
press conference. The statement in question had related to a media report
about an event which the press had presented according to its own
assessment. The press report had summarised information concerning an
event of public interest. A press report fell outside the definition of
dissemination only if the aim of the publication was to provide a credible
and up-to-date presentation of statements by third parties in a public debate.
However, in the present case the Kúria found that the aim of the publication
had not been to present J.Gy.’s statements, but to present contradictory
information concerning the event. Thus, the press report qualified as
dissemination.
II. RELEVANT DOMESTIC LAW
23. The relevant provisions of the Fundamental Law read as follows:
Article VI
“(1) Everyone has the right to have his or her private and family life, home,
communications and reputation respected.
...”
Article IX
“(1) Everyone shall have the right to freely express his or her opinion.
(2) Hungary shall recognise and protect the freedom and pluralism of the press, and
ensure the conditions for freedom of information necessary for the formation of
democratic public opinion.”
24. The Constitutional Court Act provides as follows:
Section 27
“Any individual or organisation involved in a case may lodge a constitutional
complaint with the Constitutional Court against a court decision which is contrary to
the Fundamental Law within the meaning of Article 24 § 2 (d) of the Fundamental
Law, if the ruling on the merits or another decision terminating the court proceedings
(a) violates the complainant’s rights enshrined in the Fundamental Law, and