4
MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
individually concerned in the present case...By making the mobile phone
application available the applicant reacted to the spreading of social media
communication. Citizens regularly share events, thoughts and opinions on
internet websites through photos taken with their mobile phones. In the
context of elections, this led to the fact that all over the world, voters take
photos of their ballot papers and share it through social media. By
developing the mobile phone application the applicant wanted to enable
voters to share photos of ballot papers (or in case of those who absented
from the referendum photos of the activities undertaken instead of voting)
and other messages in an anonymous way and exercise their right to
freedom of expression in a way that the content of the vote could not be
linked to the voter. ...In the applicant’s view the impugned decision, its legal
interpretation and the consequences applied by the Kúria infringe its right
under Article IX (1) of the Fundamental Law. The conduct of voters taking
photos of ballot papers and sharing it with others is an expression of an
opinion in public matters and constitutes a conduct falling under the
freedom of expression of opinions, and in particular, the most protected
aspect of it, a discussion on matters of public interest. Thus, the applicant’s
activity, providing a forum for voters to express an opinion is also protected
by the Article IX (1) of the Fundamental Law...In the applicant’s opinion,
the decision of the the Kúria, by invoking voters’ right to freedom of
expression, restrained in fact, the applicant’s own conduct of exercising its
right to freedom of expression without any constitutional reason.” The
applicant further submitted that, as established by the Kúria, the mobile
phone application had not infringed the secrecy and fairness of the voting
procedure and it had also not been capable of doing so, since the content of
the ballot papers could not be linked to the voters. Thus, it argued that these
aims could not serve as a legitimate basis for restricting the right to freedom
of expression. In any event, even if the application could have infringed the
secrecy of voting, the ban on the application had been disproportionate.
17. The Constitutional Court declared the complaints inadmissible on
24 October 2016, with identical reasoning, on the grounds that the cases did
not concern the applicant organisation’s right to freedom of expression. It
reiterated the Kúria’s finding that although the case related to the freedom
of expression of voters, this had not been infringed by the decision of the
Election Commission, which had only found that the method used – that is
to say uploading photographs to a mobile application – had not been in
compliance with the obligation to exercise voting rights in accordance with
their purpose. In the Constitutional Court’s view the applicant political party
had merely provided a forum for voters to share photographs of their ballot
papers or their intention to abstain from voting, it had did not itself
expressed an opinion. Since the applicant political party had only
complained about the restriction of voters’ right to freedom of expression, it
had not been personally concerned by the decision of the Kúria.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos