6 MAGYAR TARTALOMSZOLGÁLTATÓK EGYESÜLETE AND INDEX.HU ZRT v. HUNGARY JUDGMENT liability of press organs – not of the author – as applied in order to protect personality rights is constitutional.” II. RELEVANT DOMESTIC LAW 26. Act no. IV of 1959 on the Civil Code, as in force at the material time, provides: Article 75 “(1) Personality rights shall be respected by everyone. Personality rights are protected under this Act. (2) The rules governing the protection of personality rights are also applicable to legal personalities, except the cases where such protection can, due to its character, they only apply to private individuals. (3) Personality rights will not be violated by conducts to which the holder of rights has given consent, unless such consent violates or endangers an interest of society. In any other case a contract or unilateral declaration restricting personality rights shall be null and void.” Article 78 “(1) The protection of personality rights shall also include the protection of reputation. (2) In particular, the statement or dissemination of an injurious and untrue fact concerning another person, or the presentation with untrue implications of a true fact relating to another person, shall constitute defamation.” 27. Act no. CVIII of 2001 on Electronic Commercial Services etc. provides as follows: Section 1 “(4) The scope of this Act shall not extend to communications, including contractual statements, made by persons acting outside the sphere of economic or professional activities or public duties by making use of an information society-related service.” Section 2 “For the purposes of this Act: a) Electronic commercial service is an information-society service for selling, buying, exchanging or obtaining in any other manner of a tangible, negotiable movable property – including money, financial securities and natural forces which can be treated in the same way as a property – a service, a real estate or a right having pecuniary value (henceforth together: goods); ... l) Provider of intermediary services: any natural or legal person providing an information society service, who ... lc) stores information provided by a recipient of the service (hosting) (tárhelyszolgáltatás)”