20
MAGYAR TARTALOMSZOLGÁLTATÓK EGYESÜLETE AND INDEX.HU ZRT
v. HUNGARY JUDGMENT
not perform any examination of the conduct of either the applicants or the
plaintiff.
(v) Consequences of the comments for the injured party
84. As the Court has previously held in the context of compensation for
the protraction of civil proceedings, juristic persons may be awarded
compensation for non-pecuniary damage, where consideration should be
given to the company’s reputation (see Comingersoll S.A. v. Portugal [GC],
no. 35382/97, § 35, ECHR 2000-IV). However, the Court reiterates that
there is a difference between the commercial reputational interests of a
company and the reputation of an individual concerning his or her social
status. Whereas the latter might have repercussions on one’s dignity, for the
Court interests of commercial reputation are primarily of business nature
and devoid of the same moral dimension which the reputation of individuals
encompasses. In the instant application, the reputational interest at stake is
that of a private company; it is thus a commercial one without relevance to
moral character (see, mutatis mutandis, Uj, cited above, § 22).
85. The consequences of the comments must nevertheless be put into
perspective. At the time of the publication of the article and the impugned
comments, there were already ongoing inquiries into the plaintiff company’s
business conduct (see paragraph 17 above). Against this background, the
Court is not convinced that the comments in question were capable of
making any additional and significant impact on the attitude of the
consumers concerned. However, the domestic courts do not appear to have
evaluated whether the comments reached the requisite level of seriousness
and whether they were made in a manner actually causing prejudice to a
legal person’s right to professional reputation (see paragraph 57 above).
(vi) Consequences for the applicants
86. The applicants were obliged to pay the court fees, including the fee
paid by the injured party for its legal representation (see paragraph 22
above), but no awards were made for non-pecuniary damage. However, it
cannot be excluded that the court decision finding against the applicants in
the present case might produce legal basis for a further legal action resulting
a damage award. In any event, the Court is of the view that the decisive
question when assessing the consequence for the applicants is not the
absence of damages payable, but the manner in which Internet portals such
as theirs can be held liable for third-party comments. Such liability may
have foreseeable negative consequences on the comment environment of an
Internet portal, for example by impelling it to close the commenting space
altogether. For the Court, these consequences may have, directly or
indirectly, a chilling effect on the freedom of expression on the Internet.
This effect could be particularly detrimental for a non-commercial website