INDEX.HU ZRT v. HUNGARY JUDGMENT Section 2:42 General protection of personality rights “(1) Everyone shall have the right, subject to limitations by law and by the rights of others, to exercise his personality rights freely, in particular the right to respect for his private and family life, for his home, and for his communications via any medium, and the right to a good reputation and not to be hindered by anyone from exercising these rights. (2) Everyone shall respect human dignity and the personality rights derived from it. Personality rights are protected by this Act. ...” Section 2:45 Right to honour and reputation “... (2) Infringement of reputation means, in particular, misrepresenting or reporting untrue facts concerning and offending another person, or misrepresenting true facts. ...” Section 2:52 Damages “(1) Any person whose personality rights have been violated may seek compensation in respect of non-pecuniary damage done to him. ...” THE LAW I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION 16. The applicant company complained that the obligation imposed on it by the domestic courts to compensate J.A. for non-pecuniary damage had amounted to a breach of its right to freedom of expression, guaranteed under 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.” 4