Hungarian Yearbook of International Law and European Law

Article

Magyar Jeti Zrt. v. Hungary

Judgment of the ECtHR Concerning the Imposition of Liability for Posting Hyperlinks to Defamatory Content

Keywords freedom of expression, defamatory content, liability of online press, Article 10 ECHR, hyperlinks
Authors Renáta Gyalog
Author's information

364495 Renáta Gyalog
Assistant judge, Békéscsaba District Court, Hungary.
  • Abstract

      The article aims to introduce the judgment of the ECtHR on the case Magyar Jeti Zrt. v. Hungary. Although in this Hungarian case the ECtHR dealt with a special provision of the Hungarian Civil Code that – under the interpretation of the domestic courts – imposes objective liability for posting hyperlinks which lead to third-party online content, the judgment can be considered as a big improvement compared to the previous decisions of the ECtHR concerning the freedom of expression. The judgment offers legal certainty and guidance for journalists who post hyperlinks by determining five relevant questions to be taken into account when deciding whether the liability of a press organ can be established for contents cited from other websites over which they have no control. Becoming the best ECtHR judgment of the year 2018 under the yearly vote announced by Strasbourg Observers blog portal also emphasizes the importance and the relevance of this decision for the digital media.

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