Economy
OSCE warns Hungary Constitutional Court ruling can further curb freedom of expression
“The decision of the Constitutional Court to place unconditional responsibility on content providers for all comments posted on their websites by third parties will make it very likely that they will limit or block any possibility of online comments," said Dunja Mijatovic.
“This ruling can significantly curb free debate in the country."
On 28 May the Constitutional Court dismissed a complaint filed by the Association of Hungarian Content Providers concerning derogatory comments made on a website managed by the Association.
The court said that content providers are responsible for the comments posted on their websites regardless whether they moderate comments or not, and whether they actively remove the harmful content or not.
“International standards and best practices establish the need to hold content providers responsible for comments by third parties only if they were aware of the harmful nature of the comments and refused to remove them," Mijatovic said.
On Wednesday, Hungary’s top court threw out a complaint filed by the Association of Hungarian Content Providers - whose members include popular online news portals - against a ruling by Hungary’s Curia (Supreme Court), concerning derogatory comments made on the Internet.
The Curia had earlier ruled against the association, saying that commenters on a website under the association’s control had "overstepped the boundaries of free expression" and that the website allowed for "seriously derogatory, humiliating" remarks.
The Constitutional Court ruled that the content provider of any website can be held responsible for comments infringing other persons’ rights even if it was not aware of the infringing content, regardless whether the objected content was removed immediately at the requests of the aggrieved party.
The Hungarian Civil Liberties Union (HCLU or TASZ) said "the decision of the Constitutional Court will have a disproportionately large deterring effect on online public debates that are still lively today."
“This ruling can significantly curb free debate in the country."
On 28 May the Constitutional Court dismissed a complaint filed by the Association of Hungarian Content Providers concerning derogatory comments made on a website managed by the Association.
The court said that content providers are responsible for the comments posted on their websites regardless whether they moderate comments or not, and whether they actively remove the harmful content or not.
“International standards and best practices establish the need to hold content providers responsible for comments by third parties only if they were aware of the harmful nature of the comments and refused to remove them," Mijatovic said.
On Wednesday, Hungary’s top court threw out a complaint filed by the Association of Hungarian Content Providers - whose members include popular online news portals - against a ruling by Hungary’s Curia (Supreme Court), concerning derogatory comments made on the Internet.
The Curia had earlier ruled against the association, saying that commenters on a website under the association’s control had "overstepped the boundaries of free expression" and that the website allowed for "seriously derogatory, humiliating" remarks.
The Constitutional Court ruled that the content provider of any website can be held responsible for comments infringing other persons’ rights even if it was not aware of the infringing content, regardless whether the objected content was removed immediately at the requests of the aggrieved party.
The Hungarian Civil Liberties Union (HCLU or TASZ) said "the decision of the Constitutional Court will have a disproportionately large deterring effect on online public debates that are still lively today."
