INDEX.HU ZRT v. HUNGARY JUDGMENT
31. The Court reiterates that in proceedings such as those in the present
case the domestic courts are to consider whether the context of the case, the
public interest or the intention of the author of the impugned article justified
the possible use of a dose of provocation or exaggeration (see Balaskas
v. Greece, no. 73087/17, § 58, 5 November 2020). However, having regard
to the reasons advanced by them in their decisions, the Court considers that
the national courts unduly dissociated the impugned statement from its
context and apparent goal by focusing only on the fact that it shared an
allegation about the private life of J.A. (compare Ziembiński v. Poland
(no. 2), no. 1799/07, §§ 44-45, 5 July 2016). As a consequence, they failed to
include in their assessment any considerations as regards the possible
contribution of the article to debate on a matter of public interest.
32. The Court observes that, at the time, J.A. was the President of
Hungary and a prominent politician of the governing party. The domestic
court, however, did not find those elements relevant for their assessment,
since – apparently – in their understanding the publication had not concerned
J.A.’s public functions and, therefore, had not related to a matter of public
interest.
33. As the Court has previously held, although the publication of news
about the private life of public figures is generally for the purposes of
entertainment, it also contributes to the variety of information available to the
public and undoubtedly benefits from the protection of Article 10 of the
Convention (see Dupate v. Latvia, no. 18068/11, § 51, 19 November 2020).
Furthermore, the public interest also relates to matters which are capable of
giving rise to considerable controversy, which concern an important social
issue or which involve a problem that the public would have an interest in
being informed about (see, for example, Couderc and Hachette Filipacchi
Associés v. France [GC], no. 40454/07, §§ 89 and 103, ECHR 2015
(extracts), with further references). In order to ascertain whether a publication
concerning an individual’s private life is not intended purely to satisfy the
curiosity of a certain readership, but also relates to a subject of general
importance, it is necessary to assess the publication as a whole and to examine
whether, having regard to the context in which it appears (see
Björk Eiðsdóttir v. Iceland, no. 46443/09, § 67, 10 July 2012), it relates to a
question of public interest.
34. In this connection, the Court considers that information on the
President’s conduct during his compulsory military service was not of an
intimate nature and did not fall solely within the private sphere with its
publication intended merely to satisfy the public’s curiosity. The information
in question was not without political import and could have aroused the
interest of the public with regard to the way in which the President
approached or assumed his responsibilities.
35. In any event, in the present case the intrinsic political importance of
the story about the President’s military service was supplemented by a further
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