A Comparative Analysis of the Hungarian Freedom of Expression Cases before the ECtHR

Gosztonyi, Gergely and Huszár, Daniella and Lendvai, Gergely Ferenc (2024) A Comparative Analysis of the Hungarian Freedom of Expression Cases before the ECtHR. HUNGARIAN YEARBOOK OF INTERNATIONAL LAW AND EUROPEAN LAW, 12 (1). pp. 203-238. ISSN 2666-2701

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Abstract

Almost 700 cases concerning Hungary have been decided by the ECtHR since it delivered its first ‘Hungarian’ judgment on 20 May 1999. In nearly 94% of all the decisions concerning Hungary, the ECtHR has found against the State, confirming at least one violation of the ECHR. Around 4% of cases concerned Article 10 ECHR. This article analyses all Hungarian freedom of expression cases before the ECtHR, discusses their merits, finding the comparative common grounds and unpacking the differences. This is all them more justified, as the Hungarian Article 10 cases have significantly contributed to the ECtHR clarifying its position, in particular, as these had covered a wide range of aspects of freedom of expression, from defamation and political speech to new forms of online communication.

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