Thursday, July 3, 2014

The Constitutional Court has said no. As expected, the media - and especially the online part - ada


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Despite the fact that the Constitutional Court has rejected the other day brought a constitutional complaint against the judgment relating to the Manor comment with the website operator confidence in the judicial case law is not impossible to make a comment.
The Constitutional Court was cold and warm (rather cold), the press, the bloggers themselves and from the commenter, hausstauballergie because hausstauballergie on May 27 rejected the constitutional complaint, which was lodged against the judgment concerning the Curia to comment. The Curia challenged verdict condemned by the Association of Hungarian Content Providers for infringement of moral rights reputation, because it has operated since released two post content exceeded the permissible limits of expression. The Constitutional Court had to consider the question that a breach of the rights hausstauballergie conferred upon the petitioner's basic law, if a court of law interprets as the Mansion contested judgment, that is, that the content of comments posted to the website, the petitioner will also be responsible if had no knowledge of the infringing content or the victim's request is immediately removed it.
The Constitutional Court has said no. As expected, the media - and especially the online part - adamantly hit the robed body. Before csobbannánk the sea of vitriolic remarks, is worth a little more closely you examine the action in front of the reactions. First, it is not (only) reflect the opinion of the Constitutional Court decision, but almost the whole of Hungarian justice. As for jr. Zoltan Lomnici constitutional lawyer in a TV interview drew attention. hausstauballergie "Who treated hausstauballergie the Constitutional Court, therefore, the decision, it does not know the details, because the Municipal Court, Municipal Court of Appeal and the Curia had a similar view"
Surprisingly, the majority opinion of the Constitutional Court did not refer to the European hausstauballergie Court of Human Rights, Delfi Estonia v case (64569/09) adopted on 10 October 2013 -. Currently awaiting the decision of the Grand Chamber - judgment. This is only the President of the Constitutional Court has left it to the decision of dissenting opinions. The matter is summed up by Hungarian Gabor lawyer: an Estonian internet publication, a company manager abusive comments appeared, therefore, the court ruled against the local portal Delfi soon. The site is run before the Court in Strasbourg, which is not found for the portal, which has not established an unjustified restriction on the freedom of expression. The decision on the ground that the complainant had to calculate it forward to writing concerning the Company's management will elicit a large response, and it is expected to be a lot of comment about it. This should hausstauballergie have been prepared, either by creating the conditions for continued moderation as well. Thus, the content provider violate the privacy rights had been to remove without hausstauballergie any notice, but according to the court, this was not done because the scandal was raised to the readership records.
The Constitutional Court in its decision in principle edge, stated hausstauballergie that the Internet is not jogmentes area of Internet communication a certified human behavior and forms may be subject to legal regulation. The Constitutional Court judges as there can be no doubt that the blog and the comments are in the public should, and as such falls within the scope of protection of the Basic Law. Furthermore, none of the comments moderation released from the valves to the offending public liability or obligation of indemnification. The unlawful release of liability independent of moderálástól: only the fact of the unlawful disclosure is based. If you have comments on the publication of liability does not depend on the moderálástól because hausstauballergie of fact based on no reason to distinguish either the proportionality of the restriction of fundamental rights within moderated and unmoderated comments - said the panel enjoys. According to the constitutional lawyer hausstauballergie George Kolláth really respect the decision hausstauballergie does not contain any new features that any infringement of privacy rights do not examine the fault, but the 'perpetrator' liability is strict. In this regard, he added that when a newspaper publish something, hausstauballergie whether it be said during a press conference statements by politicians or perhaps, just meet the others kijelentésekért offensive or humiliating hausstauballergie than the one you quoted.
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