MAGYAR JETI ZRT v. HUNGARY JUDGMENT
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of the law. This would result in an undue burden for publishers, since they
could only publish information whose veracity they had established beyond
any doubt, making reporting on controversial matters impossible. The
applicant company argued that the judicial practice was unconstitutional
since it did not examine whether a publisher’s conduct had been in
compliance with the ethical and professional rules of journalism, but only
whether it had disseminated an untrue statement. In the area of the Internet,
where the news value of information was very short-lived, there was simply
no time to verify the truthfulness of every statement.
18. Two of the defendants also lodged a petition for review with the
Kúria. The applicant company argued that the second-instance judgment
restricted the freedom of the press in a disproportionate manner, as the
company had only reported on an important issue of public concern, in
compliance with its journalistic duties. It emphasised that, as established by
the lower-level courts, its report on the issue had been balanced. It further
maintained that the statement of J.Gy. qualified as an opinion rather than a
fact. In any event, the company had not been engaged in dissemination but
had merely fulfilled its journalistic obligation of reporting.
19. The Kúria upheld the second-instance judgment in a judgment of
10 June 2015 (served on the applicant company on 4 September 2015),
reiterating that J.Gy.’s statements were statements of fact and that the
defendants had failed to prove their veracity. Although the term jobbikos
was used in colloquial language, in the case at issue J.Gy. had explicitly
referred to the political party and its role in the incident. As regards the
question of whether the applicant company’s activity constituted
dissemination of information, the Kúria found:
“Both in criminal law and other cases of civil law, the Kúria has taken the legal
standpoint ... that dissemination is carried out by sharing or making public any
information, as a result of which anyone can have access to the given content. The
Internet is only one possible alternative for publishing; it is a forum for dissemination,
meaning that information and facts are shared through a computer network. An
Internet link to one’s own publication serves as an appendix; it becomes accessible
and readable with a single click. The Civil Code has established objective liability for
dissemination, irrespective of the good or bad faith of the disseminator. In the Kúria’s
view, requiring media outlets not to make injurious statements accessible does not
constitute a restriction of freedom of the press or freedom of expression; nor is it an
obligation on them which in practice cannot be satisfied.”
20. On 19 December 2017 the Constitutional Court dismissed the
applicant company’s constitutional complaint. It emphasised the secondinstance court’s finding that providing a hyperlink to content qualified as
dissemination of facts. Furthermore, dissemination was unlawful even if the
disseminator had not identified itself with the content of the third party’s
statement and even if it had wrongly trusted the truthfulness of the
statement.
21. The Constitutional Court also reiterated its previous case-law
concerning reporting about public figures’ press conferences, stating that
such conduct did not qualify as dissemination if the report was unbiased and
objective, the statement concerned a matter of public interest, and the