Who is to do what the hedgehog? . Jun. 02, 2014, 11:39 Author: Tokfalvi Tags: Constitutional Court, the European Court, commenting, business morality, freedom between the sheets of expression, human rights prints Send 4 Comments
The Constitutional between the sheets Court's decision to leave a comment Affairs - that any website operator kommentért there appeared to be sued, or removed from the site or not - a lot of people have been cursed. Most of the freedom of expression and media freedom and contempt for due intertwined with the total webanalfabétizmus. We have nothing left to point to a different kind of literacy it.
First, a clarification before you begin to scold someone between the sheets Strasbourg again. Here is yet illiteracy is not just the unfortunate Hungarian vidékiességről. Assumed to have submitted at least parallel between the sheets reasoning Peter Paczolay AB-president, the separate opinion declaring Stumpf, Stephen and unfortunately the artist Constitutional Court judge, Andrew Bragyova also - very knowledgeable, liberal-minded constitutionalist - accurately described the Strasbourg court last year's decision between the sheets of measure of Delphi v. Estonia Case . I could not have done nothing wrong, you only comply with the European standards (weaker sake: because the European Court of Human Rights operates under the Council of Europe, this measure is not the EU but pan-European). But outperformed.
What is this Delfi affair? One of the biggest Estonian news portal 2006 article reported that a shipping company limited by shares company wants to make the frozen Gulf of Finland planned, at a viable way to destroy what the Commented of our parts are usual uber Nazi manners were in the majority shareholders, among other things, was sent to the crematorium. The portal was not moderation, just report the comment was insulting. However, the majority owner of the shipping company formally requested written comments on the collection of, and the procedure took six weeks. Court ended the Dolphins eventually had to pay EUR 320 (peanuts compared to what László Kiss Constitutional Court against Ungváry Kristiana imposed by the Hungarian court), and then introduced the moderation system, but it is disproportionate to feel the freedom of opinion tainted, so he turned between the sheets to Strasbourg .
European Court of Human Rights First Section of admissible considered the submissions of Delphi, but he does not think infringed Article 10 of the Convention on freedom of opinion; the case is referred to the Grand Chamber. However, the Explanatory plenty stipulate that in such cases the appropriate moderation system and the immediate removal completely enough between the sheets to rights relating to the personality are not violated.
The Hungarian AB learn from l stabbed that "the moderated comment, if illegal, the same legal consequences as if it had not been moderated (previously or subsequently checked)", that once Folker the abuse, you can have all the same, you can sue him . Probably linguistic and cultural between the sheets problems have been, the Constitutional Court judges - they did not know what it is and what it in moderation, these gaps in knowledge and read and tried to understand the text in English or French - with the exception of one Stumpf.
Blog in terms of the bottom line: a few were observed to him that the trouble was not originally a political nature, but a business claim is widened. I copy the operative part of the judgment at first instance, informative and entertaining:
By the way: how to call someone a sérheti ("shitting their hedgehog", etc.). Privacy rights to protection of reputation? Is it just in front of the careless commenter He wrote that "any", and it's no longer notice, but in combination with a request to include sünszarásra certification statement. between the sheets
Thus the Constitutional Court is not limited to online between the sheets media topic inexperienced and not just the opinion freedom of getting weirder the concept between the sheets of relative liberal golden age in the nineties, but the economy is just as unwilling to understand, as in 1990, 1995, or, say, in 2007, be it or economic policy, or about what general business between the sheets (business) called between the sheets fortunate countries.
Because between the sheets what opened between the sheets the door to the Constitutional Court by this decision? Any company may not like her revenge on the media content provider (not my word, but the Media Law incomparably stupid terminology). Quite a Nicken sneak a rude, untraceable, who said. If you have a minute above, especially if you also shared the finished car. (Unless you are the person span with legal experts. Moderated paid in advance, 24 hours, which is the general conditions of the contemporary press frenzy on the one hand, on the other hand is very expensive, there is a twist in the economic press.) between the sheets
Bonus: the company is not suing it for free, but get paid for advertising, I mean that the media will pay for his unsuccessful campaign between the sheets falmelléki. But with a little dexterity in addition to the professional between the sheets competition whack media can be arranged, I do not give ideas. The Constitutional Court's collective mind it seemed for an instant
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