INDEX.HU ZRT v. HUNGARY JUDGMENT
in question without verifying its truthfulness with the Office of the President
prior to publication.
2. The Court’s assessment
(a) General principles
23. The general principles concerning the necessity of an interference
with freedom of expression and restrictions on political speech or on a debate
on matters of public interest have been summarised in, among many other
authorities, Morice v. France ([GC], no. 29369/10, §§ 124-25, ECHR 2015,
and the cases cited therein). The general principles applicable to cases in
which the right to freedom of expression under Article 10 of the Convention
has to be balanced against the right to respect for private life under Article 8
have been summarised in, among many other authorities, Perinçek
v. Switzerland ([GC], no. 27510/08, § 198, ECHR 2015 (extracts), and the
cases cited therein).
24. It is to be recalled that methods of objective and balanced reporting
may vary considerably and that it is therefore not for the Court to substitute
its own views for those of the press as to what particular reporting techniques
should be adopted (see Jersild v. Denmark, 23 September 1994, § 31,
Series A no. 298). However, editorial discretion is not unbounded. The press
must not overstep the bounds set for, among other things, “the protection of
... the rights of others”, including the requirements to act in good faith and on
an accurate factual basis and to provide “reliable and precise” information in
accordance with the ethics of journalism (see Pedersen and Baadsgaard
v. Denmark [GC], no. 49017/99, § 78, ECHR 2004-XI).
25. The Court also reiterates that there is a distinction to be drawn
between reporting facts – even controversial ones – capable of contributing
to a debate of general public interest in a democratic society, and making
tawdry allegations about an individual’s private life (see Armonienė
v. Lithuania, no. 36919/02, § 39, 25 November 2008). In respect of the
former, the pre-eminent role of the press in a democracy and its duty to act as
a “public watchdog” are important considerations in favour of a narrow
construction of any limitations on freedom of expression. However, different
considerations apply to press reports concentrating on sensational and, at
times, lurid news intended to titillate and entertain, which are aimed at
satisfying the curiosity of a particular readership regarding aspects of a
person’s strictly private life. Such reporting does not attract the robust
protection which Article 10 affords to the press. As a consequence, in such
cases, freedom of expression requires a narrower interpretation (see
Khadija Ismayilova v. Azerbaijan (no. 3), no. 35283/14, § 58, 7 May 2020).
26. News reporting based on interviews or reproducing the statements of
others, whether edited or not, constitutes one of the most important means
whereby the press is able to play its vital role of “public watchdog”. The
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