INDEX.HU ZRT v. HUNGARY JUDGMENT
aspect related to the public interest. Placed in the context of the article as a
whole, it is clear that A.V.’s story was part of the reporting on a media
initiative which was a topical event at the time, and which had seemingly
been the subject of public attention and engagement. The basic reason for
publishing the story had been to draw attention to and illustrate that initiative,
which was in turn intended to counter the perceived smear campaign being
run against the organisers of an anti-government demonstration, rather than
to gratuitously insult or attack J.A. Having regard to that wider background,
the Court considers that the impugned statement seen in its proper context
constituted a comment on a matter of public interest.
36. Furthermore, J.A., as a politician, inevitably and knowingly laid
himself open to close scrutiny of his every word and deed by both journalists
and the public at large, and he should have displayed an accordingly greater
degree of tolerance (see Makraduli v. the former Yugoslav Republic of
Macedonia, nos. 64659/11 and 24133/13, § 71, 19 July 2018). While that
requirement of tolerance did not involve a duty to tolerate factual inaccuracies
(see Axel Springer SE v. Germany, no. 8964/18, § 42, 17 January 2023) and
J.A. was certainly entitled to have his reputation protected, the requirements
of such protection should have been weighed against the public interest in the
open discussion of political issues. However, in the present case the domestic
courts did not perform any such balancing and did not take into account the
Convention aspects of the case; they failed to include in their assessment any
considerations as regards the contribution of the article to debate on a matter
of public interest, or the scrutiny that J.A. should have anticipated regarding
his actions.
37. As to the content, form and consequences of the impugned statements,
the Court notes firstly that the article in question consisted of defamatory
statements of fact, according to the findings made by the domestic courts.
Even accepting that the allegations were of such a nature and such gravity as
to be capable of causing harm to J.A.’s honour and reputation, the Court
cannot disregard the conclusions reached by the Kúria concerning the amount
of compensation and its finding in that connection that the publication of the
story had not caused J.A. any serious harm. The Kúria reasoned that given
his status, J.A. had the means to react to any public statement, a possibility of
which he had in fact made use. Furthermore, public opinion had not attached
much importance to such “soldiers’ tales”, and the public perception of J.A.
had not changed as a result of the article.
38. As to the veracity of the information and the way in which it had been
obtained, the Court emphasises that the applicant company was bound by the
Article 10 “duties and responsibilities” and therefore had to act in good faith
in order to provide accurate and reliable information in accordance with the
ethics of journalism.
39. The Court observes in this connection that the applicant company
specified that A.V. did not perfectly remember the story, explained the
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