8 MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT voting and elections. There is no legislative act that forbids the taking of such photographs and the NEC was likewise unable to name any such provision. As stated above, the exercise of secret voting is twofold, and the taking of photographs does not infringe the secrecy of ballots and does not allow a cast ballot to be linked to a voter. The next question to be decided in the present case is whether calling on voters to upload their ballot photographs to the application and managing that application infringed the secrecy of the ballot and the bona fide exercise of rights in accordance with their purpose. According to the established case-law set out in Kúria decision no. Kvk.IV.37.359/2014/2, the exercise of rights in accordance with their purpose is an obligation emanating from the principle of civil law concerning the prohibition of abuse of rights, to be applied in the whole legal system. This means that rights are to be exercised by their holders in conformity with their aim and content. Only such exercise of rights is protected by law, where besides the formal entitlement the real content of the right can be recognised. Thus, an infringement of the exercise of rights in accordance with their purpose amounts to more than establishing an infringement of rights: the intention to abuse the content of a legal institution under the guise of lawful conduct must be recognisable. The reviewing court attaches particular importance to the role and use of ballot papers in the electoral process. A ballot paper clearly serves the purpose of allowing voters to express their opinion on a question put to the vote; any use of ballot papers contrary to this purpose infringes the principle of the exercise of rights in accordance with their purpose. Accordingly, the application in question and the petitioner’s conduct in calling on voters to take photographs and publish them through the application also constitute an infringement of that principle. Under Article IX (1) of the Fundamental Law everyone has the right to freedom of expression. The Constitutional Court established in its decision no. 30/1992 (V.26) AB that the State may have recourse to the restriction of fundamental rights if the exercise of another fundamental right or freedom or the protection of any constitutional value cannot be achieved by other means. Thus, it is not enough that the restriction is imposed in order to protect another fundamental right or freedom or for any other constitutional aim; it is also necessary for the restriction to be proportionate, that is, for the importance of the intended aim and the gravity of the violation of the fundamental right to be in balance with each other. The legislature must choose the least restrictive measure that is adequate to achieve the intended aim. Any restriction of a right that does not serve a pressing need or is arbitrary, or any restriction that is disproportionate to the aim, will be unconstitutional. The reviewing court emphasises that its reasoning regarding the exercise of rights in accordance with their purpose does not infringe voters’ right to freedom of expression. In the present case the right of voters to freedom of expression in the context of voting is twofold. Firstly, they express their opinion on the question put to a vote by casting their ballot; secondly, they have the option to share the way they have voted with others orally, in writing, or in any other way, for example on social media or other websites. The Kúria finds that the application is in breach of the principle of the exercise of rights in accordance with their purpose not because it enables voters – without them being individually recognisable – to publicise the way they have voted, but rather because of the manner in which it enables them to publicise it, namely through the taking and uploading of ballot photographs. The petitioner’s conduct was therefore in breach of the exercise of rights in accordance with their purpose. However, the breach was not of a degree of gravity that would entail an infringement of the principle of protection of fair elections as set