Document details

Civil Defamation and Media Freedom in Hungary: Trends and Challenges in Court Practice in Personality Rights Cases

Vienna: International Press Institute (IPI) (2017), 21 pp.

CC BY-NC

"The present study examines current legislation and court practice in Hungary regarding civil law violations of rights to reputation, privacy and likeness, with a particular focus on trends in terms of awarding non-pecuniary damages/restitution. Through an analysis of relevant legislation and a presentation of cases connected with the press, it critiques the current situation in terms of limitations on freedom of expression. Personality rights in this context is a difficult area of jurisprudence, as it involves the consideration and balancing of two important values and constitutional rights: freedom of expression on the one hand and the rights to reputation, privacy and likeness on the other. This balancing act requires the interpretation of very succinctly worded legislative texts and rulings by the Constitutional Court with the help of the guidelines issued by the Supreme Court (also known as the Kúria). Another difficulty for the judiciary is the recent increase in Hungary of cases in which politicians turn to the courts to seek relief for injuries they allege to have suffered, hoping to obtain a judgment that will put an end to political and societal controversies in which they are involved." (Introduction)