[Advocacy Advisors] Hungarian Constitutional Court holds content providers responsible for unmoderated comments

Tisza Gergő gtisza at gmail.com
Thu Jul 3 05:32:57 UTC 2014


On Mon, Jun 30, 2014 at 1:45 AM, Dimitar Parvanov Dimitrov <
dimitar.parvanov.dimitrov at gmail.com> wrote:

> Thanks, Tisza, for the update! So I guess this cements it then? Any chance
> anybody can change the rule in Hungary from now on?
>

IANAL, but as I understand it the lower-level courts based their decision
on certain laws, and the Constitutional Court was asked to say whether that
is unconstitutional due to freedom of speech, and they said it was not;
they did not say the responsibility of content providers follows directly
from the constitution. So if the laws in question (2001/CVIII e-commerce
act + civil code) are changed, that could affect the situation. (And of
course the constitution could be changed - the current ruling party has
supermajority and does that quite frequently.)

Given that the current government has so far always changed laws towards
less freedom of speech, not more, I wouldn't hold my breath, though.
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