INDEX.HU ZRT v. HUNGARY JUDGMENT
A. Admissibility
17. The Court notes that the application is neither manifestly ill-founded
nor inadmissible on any other grounds listed in Article 35 of the Convention.
It must therefore be declared admissible.
B. Merits
1. The parties’ submissions
18. The applicant company submitted that J.A., as a former President of
Hungary and a member of the ruling party, was a public figure and a
legitimate target of criticism. The publication in question had concerned
matters of public interest, namely a media campaign and the conduct of the
President during his military service, and had thus enjoyed the protection
afforded to political speech. The applicant company also maintained that it
had acted in line with journalistic ethical standards as it had contacted the
President’s office for comment and had published the President’s reaction to
the article in its entirety. Moreover, the article had given a factual presentation
of all the relevant circumstances, as well as of the political and societal
background to the case, and had expressed doubts as to the veracity of the
story.
19. The applicant company also argued that the rule of objective liability,
that is, holding media outlets liable for statements clearly emanating from
third parties, as applied to its case, was contrary to the Court’s case-law under
Article 10.
20. The Government contended that the domestic courts had provided
relevant and sufficient reasons to justify the interference with the applicant
company’s right to freedom of expression.
21. They argued that the statements in question had not concerned a
matter of public interest because they had not related to the public
performance or conduct of the President. The publication of the statements
had simply constituted the dissemination of false information and an
infringement of the personality rights of a public figure. The Government
submitted that a person using offensive and hurtful statements to humiliate
others was not exercising his or her right to freedom of expression. Similarly,
the assertion of a fact capable of constituting defamation did not enjoy the
protection of freedom of expression if the speaker was either aware of the
falsity of his or her statements or was not aware of it owing to his or her
failure to exercise the diligence required by his or her profession.
22. Under domestic law, a person spreading false statements had to be
held objectively liable. The applicant company could have relied on its right
to freedom of expression only if it had been unaware of the falsity of the
information. In any event, the applicant company had published the statement
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