MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
19
According to the case-law of the Constitutional Court, the limits of press freedom
are different depending on the forum of mass communication. The Constitutional
Court held that the permissible restrictions on the broadcast media (television and
radio) were broader, firstly because of the lack of available frequencies and secondly
because of their special impact on society and public opinion. The decision of the
Kúria finding that an editor’s freedom could be restricted on the basis of the general
principles of the Electoral Procedure Act was connected to the obligation to provide
objective information. In its decision no. 1/2007 (I.18) the Constitutional Court
established that the requirement to provide balanced, unbiased and objective
information could constitute a restriction on the editorial freedom of the broadcast
media, but that these restrictions were relevant only for the specific characteristics of
the broadcast media and were not applicable to the printed media. As regards the
printed media, the starting-point of the Constitutional Court has always been the
unlimited freedom of founding a newspaper; accordingly, the power of the media to
influence cannot serve as a ground for restriction. In this sense the printed media
cannot be penalised because of the nature and quality of the information they provide.
Under certain circumstances, printed media financed by public money and by public
institutions constitute exceptions to the above rule. According to the preamble to Act
no. CLXXXXIX of 2011 on local government, municipalities are the community of
local citizens, they represent self-government and are part of the unity of State
administration. Therefore, because of their exercise of public power and use of public
money, they play a different role in providing information to the members of society.
Certain obligations can be imposed on this type of printed media.
It follows from the decision of the Kúria that the editorial practices of municipal
newspapers financed by public money may be restricted by the requirements of the
Electoral Procedure Act during a campaign period.
In the present case the Constitutional Court is called on to examine the compliance
of this statement of principle with freedom of opinion and editorial freedom, in the
light of the right to vote.
Electoral procedure and the exercise of the right to vote are often comprised of
individual rights (for instance, the right to be registered on the electoral roll, and
passive voting rights). On other occasions they are related to the public interest in free
and democratic elections. According to Article 2 (1) of the Fundamental Law,
Members of Parliament should be elected in accordance with legislation adopted by
an absolute majority.
The Electoral Procedure Act is one of the pieces of legislation regulating voting. It
regulates electoral campaigning in a separate chapter, within which a separate title
deals with the role of the media in campaigns, laying down rules for media service
providers, the printed media and cinemas.
According to the practice of the Kúria, the Electoral Procedure Act prevails in
matters concerning electoral procedure, and all other legislation needs to be
interpreted in compliance with that Act. In its leading decision
no. KvK.II.37.307/2014/3 the Kúria established as a general principle that in electoral
legal relations, only the provisions of the Electoral Procedure Act are applicable; other
types of rules can be applied only if the Electoral Procedure Act so provides.
During the campaign period, providing information to voters is even more important
than at other times. The principle of the democratic rule of law requires that
representative bodies be elected on the basis of democratic public opinion and
well-informed choices of the electorate. Free and democratic elections are not possible