MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
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interference by public authority and regardless of frontiers. This Article shall not
prevent States from requiring the licensing of broadcasting, television or cinema
enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.”
64. The Government contested that argument.
A. The Chamber judgment
65. The Chamber noted that the MKKP had been penalised for providing
a means of transmission enabling others to impart and receive information.
It considered that providing a forum for others to express their opinions in
the form of posting ballot photographs constituted conduct in the exercise of
the MKKP’s right to freedom of expression. Consequently the sanction
imposed on it had interfered with that right.
66. The Chamber did not consider that it was necessary to examine
whether the interference was prescribed by law, since the measure in
question was in breach of Article 10 for other reasons. It found that the
Government had failed to demonstrate what interest under Article 10 § 2 of
the Convention the ban had served. As to the asserted interests of the
secrecy and fairness of voting, the Chamber agreed with the Kúria that
nothing in the circumstances of the present case provided any support for
the view that the anonymous publication of spoiled ballots had any impact
on either. Concerning the interest of the “exercise of rights in accordance
with their purpose” enshrined in 2(1)(e) of the Electoral Procedure Act and
relied on by the domestic authorities and the Government, the Chamber was
of the view that the principle, although a ground for restrictions under
domestic law, could not be linked to any of the aims under Article 10 of the
Convention. Therefore, the interference could not be considered to pursue a
legitimate aim within the meaning of Article 10 § 2 of the Convention. The
Chamber held, unanimously, that there had been a violation of Article 10 of
the Convention.
B. The parties’ submissions to the Grand Chamber
1. The MKKP
67. The MKKP argued that its right to freedom of expression had been
interfered with, in breach of Article 10 of the Convention. In support of this
claim it submitted, firstly, that the mobile application that it had made
available was a medium for disseminating political opinions on a topic of