MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT 29 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

Select target paragraph3