MATÚZ v. HUNGARY JUDGMENT
9
national court demonstrates a lack of sufficient engagement with the general
principles of the Court under Article 10 of the Convention, the degree of
margin of appreciation afforded to the authorities will necessarily be
narrower. Indeed, as the Court has previously held in the context of Article
10, “the quality of ... judicial review of the necessity of the measure is of
particular importance in this respect, including the operation of the relevant
margin of appreciation” (see Animal Defenders International v. the United
Kingdom [GC], no. 48876/08, § 108, ECHR 2013 (extracts)).
ii. Application of the above principles in the present case
36. The applicant argued in his book that the changes suggested by the
cultural director of the television company did not sit well with the
principles of journalistic freedom. He expressed the opinion that the
modifications and cuts put through by the cultural director regarding his
programme constituted censorship. The introduction of the book called on
readers to decide whether they perceived the published documents as pieces
of evidence of censorship or as a supervisor’s valid instructions to his
colleagues.
37. In such circumstances, and also bearing in mind the importance of
the independence of public service broadcasters, the Court considers that
even if the book contained information on third persons (see the
Government’s related submission in this respect in paragraph 23), it
essentially concerned a matter of public interest. It is to be observed in this
context that there is no information in the case file as to any claims or
complaints formulated by any third party about the impugned publication.
38. The Court notes the applicant’s submission that he as a journalist
and chairman of the trade union had the right and obligation to make public
the documents in question and to comment on matters of public interest,
notwithstanding the fact that his labour contract contained a confidentiality
clause.
39. The Court is of the view that the applicant’s combined professional
and trade-union roles must be taken into consideration for the purposes of
examining whether the interference complained of was necessary in a
democratic society. It considers that, having regard to the role played by
journalists in society and to their responsibilities to contribute to and
encourage public debate, the obligation of discretion and confidentiality
constraints cannot be said to apply with equal force to journalists, given that
it is in the nature of their functions to impart information and ideas.
Furthermore, in the particular context of the applicant’s case, his
obligations of loyalty and restraint must be weighed against the public
character of the broadcasting company he worked for (see Wojtas-Kaleta,
cited above, §§ 45-47).
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