MAGYAR TARTALOMSZOLGÁLTATÓK EGYESÜLETE AND INDEX.HU ZRT
v. HUNGARY JUDGMENT
7
III. RELEVANT INTERNATIONAL AND COMPARATIVE LAW
28. The relevant material found in the instruments of the Council of
Europe, the United Nations and the European Union as well as in the
national law of various Member States is outlined in paragraphs 44 to 58 of
the judgment Delfi AS v. Estonia [GC] (no. 64569/09, ECHR 2015).
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
29. The applicants complained that the rulings of the Hungarian courts
establishing objective liability on the side of Internet websites for the
contents of users’ comments amounts to an infringement of freedom of
expression as provided in Article 10 of the Convention, which reads as
follows:
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. This Article shall not
prevent States from requiring the licensing of broadcasting, television or cinema
enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.”
30. The Government contested that argument.
A. Admissibility
31. The Court notes that the application is not manifestly ill-founded
within the meaning of Article 35 § 3 (a) of the Convention. It further notes
that it is not inadmissible on any other grounds. It must therefore be
declared admissible.