Archive item

Title: proposes decriminalization of libel and insult in Hungary
Other/original title:
Files: Atlatszo proposes decriminalization of libel and insult in Hungary.pdf
Abstract: In this article from 28 May 2013, Editor-in-chief Tamás Bodoky and two of the collaborators of the organization's legal group argue that the time has come to abolish the provisions on libel and insult from Hungarian criminal law. Atlatszo therefore recommends several statutory amendments. The article describes the three different ways in which plaintiffs can currently sue a media outlet, either through a civil lawsuit or before a criminal court, and mentions the advantages and disadvantages of each, also for the plaintiff. Often, plaintiffs will launch all the possible proceedings in parallel, resulting in "anomalous situations" which "cause unnecessary work to the victims, the media and to the state outlets". Freedom of expression does not mean that it cannot be a subject of wise regulation, the authors say, but the legislator must construct norms considering the compelling interest and the requirement of proportionality. They recommend implementing the so-called New York Times-rule into the media law, which holds that media outlets should not be brought to court unless they behaved with actual malice, i.e. an intentional or reckless lack of investigation.
Publication/ adoption date: 2013-05-28
Language: English
Rights: Licensed under Creative Commons, CC BY-SA 2.5