MAGYAR JETI ZRT v. HUNGARY JUDGMENT
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should have a legal basis in domestic law, but also refers to the quality of
the law in question, which should be accessible to the person concerned and
foreseeable as to its effects. The level of precision required of domestic
legislation – which cannot provide for every eventuality – depends to a
considerable degree on the content of the law in question, the field it is
designed to cover and the number and status of those to whom it is
addressed. The Court has found that persons carrying on a professional
activity, who are used to having to proceed with a high degree of caution
when pursuing their occupation, can on this account be expected to take
special care in assessing the risks that such activity entails (see Karácsony
and Others v. Hungary [GC], nos. 42461/13 and 44357/13, §§ 123-25,
ECHR 2016 (extracts), and the cases cited therein).
60. The Court observes that the domestic courts found that the posting of
a hyperlink had amounted to the dissemination of defamatory statements
and chose to apply Article 78 of the Civil Code. It also notes that there was
neither explicit legal regulation nor case-law on the admissibility and
limitations of hyperlinks.
61. However, given its conclusion below about the necessity of the
interference (see paragraph 84 below), it considers that it is not necessary to
decide on the question whether the application of the relevant provisions of
the Civil Code to the applicant company’s situation was foreseeable for the
purposes of Article 10 § 2 of the Convention.
(c) Legitimate aim
62. The Government submitted that the interference had pursued the
legitimate aim of protecting the rights of others. The Court accepts this.
(d) Necessary in a democratic society
(i) General principles
63. The fundamental principles concerning the question of whether an
interference with freedom of expression is “necessary in a democratic
society” are well established in the Court’s case-law (see Delfi AS v. Estonia
[GC], no. 64569/09, § 131, ECHR 2015, and the cases cited therein).
64. The Court reiterates that the safeguard afforded by Article 10 to
journalists in relation to reporting on issues of general interest is subject to
the proviso that they are acting in good faith and on an accurate factual basis
and provide “reliable and precise” information in accordance with the ethics
of journalism (see Bédat v. Switzerland [GC], no. 56925/08, § 58,
ECHR 2016). In a world in which the individual is confronted with vast
quantities of information circulated via traditional and electronic media and
involving an ever-growing number of players, monitoring compliance with
journalistic ethics takes on added importance (see Stoll v. Switzerland [GC],
no. 69698/01, § 104, ECHR 2007-V).
65. When examining whether there is a need for an interference with
freedom of expression in a democratic society in the interests of the
“protection of the reputation or rights of others”, the Court may be required