INDEX.HU ZRT v. HUNGARY JUDGMENT
punishment of a journalist for assisting in the dissemination of statements
made by another person in an interview would seriously hamper the
contribution of the press to discussion of matters of public interest and should
not be envisaged unless there are particularly strong reasons for doing so
(see Jersild, cited above, § 35). In such cases, a distinction needs to be made
according to whether the statements emanate from the journalist or are
quotations from others (see Pedersen and Baadsgaard, cited above, § 77).
(b) Application of those principles to the present case
27. The parties did not dispute that the domestic courts’ judgments
amounted to an “interference” with the applicant company’s exercise of the
right to freedom of expression. The Court also finds that the interference
complained of was prescribed by law, namely Article 2:45 of the Civil Code
as in force at the time, and pursued a legitimate aim referred to in
Article 10 § 2 of the Convention, namely the “protection of the reputation or
rights of others”. What remains to be established is whether the interference
was “necessary in a democratic society”. The Court is called upon to analyse
the decisions of the Hungarian courts in the light of all the facts of the case,
including the publication in question and the circumstances in which it was
written.
28. The first of those circumstances was the fact that the applicant
company published the statements in question together with a description of
the campaign initiated by another media outlet with a view to
counterbalancing allegedly defamatory media reports targeting opposition
activists. Furthermore, the applicant company made it clear that the story had
originated from A.V., who himself was unsure about what exactly had
happened. Moreover, the article explained that A.V.’s story about J.A.’s
drunken firing of his weapon was unlikely to be true given the lenient penalty
J.A. had received.
29. In the domestic proceedings against the applicant company the
domestic courts treated the impugned statements concerning J.A. as unrelated
to his conduct in his official capacity and not concerning a debate of public
interest, and therefore as falling outside the scope of the right to freedom of
expression.
30. The Court cannot agree with the domestic courts’ finding that the right
to freedom of expression was inapplicable to the applicant company’s
conduct. Admittedly, A.V.’s statements could be considered polemical. The
Court notes, however, that what the article in question described as a
“soldier’s tale” was the only statement referred to by the domestic courts in
inferring that the article had been injurious to J.A.’s reputation. The domestic
courts did not examine the article published by the applicant company as a
whole, but rather focused on the account given by A.V. detached from its
general context.
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