The Regulation of Offensive Speech in the New Hungarian Civil Code

Gárdos-Orosz, Fruzsina (2015) The Regulation of Offensive Speech in the New Hungarian Civil Code. ELTE LAW JOURNAL (1). pp. 103-123. ISSN 2064-4965

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Abstract

After a number of fruitless attempts at regulating hate speech (offensive speech)1 had been blocked by the Constitutional Court in recent years in Hungary, the Parliament added a new anti-hate speech rule to the new Civil Code, which took effect on 15 March 2014. Section 2:54(5) of the new Civil Code allows private individuals to enforce a claim against offenders in cases of hate speech: In the event of a violation of rights committed before the wider public and seriously offensive to the Hungarian nation or to some national, ethnic, racial or religious community or unreasonably insulting for these groups in its manner of expression, any member of these groups is entitled to enforce his or her personality right in relation to him or her belonging to such groups, being an essential trait of his or her personality. The right to make a claim will be precluded after a period of thirty days from the injury. With the exception of surrendering the material advantage achieved through the violation, any member of the community may enforce any sanction available with regard to violations of personality rights.

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