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Dániel Gyulai

Strasbourg corrects, or the freedom of expression in the decisions of the European Court of Human Rights

Strasbourg corrects, or the freedom of expression in the decisions of the European Court of Human Rights

Abstract

How does the case law of the Hungarian courts and of the European Court of Human Rights (additionally ECHR) match related to honour and reputation? As I mentioned in the article, we must separate the studied period and its consequences. The reason is that nowadays the Hungarian courts rather use the decisions of ECHR as in the past, however several contra-conventional judgments led to this judicial practice. In the ECHR’s study the main questions were whether the restrictions complied with the rules of necessary restrictions in a democratic society or not. As we see, it did not correspond – except the Case Karakó v. Hungary – with Article 10 of the Convention in the studied cases, that means the complaints were justified, which led to the fact that the Hungarian judicial practice was formed by the ECHR, too.How does the case law of the Hungarian courts and of the European Court of Human Rights (additionally ECHR) match related to honour and reputation? As I mentioned in the article, we must separate the studied period and its consequences. The reason is that nowadays the Hungarian courts rather use the decisions of ECHR as in the past, however several contra-conventional judgments led to this judicial practice. In the ECHR’s study the main questions were whether the restrictions complied with the rules of necessary restrictions in a democratic society or not. As we see, it did not correspond – except the Case Karakó v. Hungary – with Article 10 of the Convention in the studied cases, that means the complaints were justified, which led to the fact that the Hungarian judicial practice was formed by the ECHR, too.How does the case law of the Hungarian courts and of the European Court of Human Rights (additionally ECHR) match related to honour and reputation? As I mentioned in the article, we must separate the studied period and its consequences. The reason is that nowadays the Hungarian courts rather use the decisions of ECHR as in the past, however several contra-conventional judgments led to this judicial practice. In the ECHR’s study the main questions were whether the restrictions complied with the rules of necessary restrictions in a democratic society or not. As we see, it did not correspond – except the Case Karakó v. Hungary – with Article 10 of the Convention in the studied cases, that means the complaints were justified, which led to the fact that the Hungarian judicial practice was formed by the ECHR, too.

Keywords

freedom of expression, honour, good reputation, libel, European Court of Human Rights
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