4
MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
invalid ballots, such ballots could not be forged and would certainly not be
taken into account when the votes were counted.
16. In the period preceding the referendum the government engaged in a
campaign on migration policy, posting billboards with questions such as:
“Did you know? More than 300 people have been killed in terrorist attacks
in Europe since the start of the migrant crisis”, “Did you know? The Paris
terrorist attacks were carried out by immigrants”, “Did you know?
1.5 million illegal immigrants arrived in Europe in 2015”, “Did you know?
Brussels wants the forced resettling of a city’s worth of illegal immigrants
in Hungary”, “Did you know? Almost one million immigrants want to come
to Europe from Libya alone” and “Did you know? Since the start of the
immigration crisis, sexual harassment of women has increased in Europe”.
17. In reaction to this, the MKKP continued its campaign on billboards
(“Did you know there’s a war in Syria?”, “Did you know one million
Hungarians want to emigrate to Europe?”, “Did you know? The perpetrators
in most corruption cases are politicians”, “Did you know? A tree may fall
on your head”, “Did you know? The average Hungarian is more likely to
see a UFO than a refugee in his lifetime” and “Did you know? During the
Olympic Games, the biggest danger to Hungarian participants came from
foreign competitors”). It was again financed by micro-donations.
18. On 29 September 2016 the MKKP made available a mobile
application called “Cast an invalid ballot” which enabled users to upload
and share with other users, anonymously, photographs of their ballots or a
photograph of the activity they were engaged in instead of voting. It was not
disputed by the parties that the use of the application remained entirely
anonymous, both for uploaders and passive users. The launch of the
application was reported on in some major online journals (index.hu,
hvg.hu).
19. The iOS version of the application was available from the AppStore,
while the Android version could be downloaded from Google Play, without
registration and free of charge. The application had access to the status and
identifier of the mobile telephone and to its photo gallery. Under the basic
settings of the application, the user could take a photograph with the rear
camera of his or her telephone. The front camera could not be used, so that
voters could not take so-called “ballot selfies”, including themselves in the
photograph. Besides the photograph, users could also provide a comment,
either by choosing a pre-set political message or by adding their own
messages. They had the option to indicate in which county they had voted
and whether they had participated in the referendum and if so whether they
had cast a valid or invalid ballot. These messages appeared together with the
photograph. Furthermore, the application generated infographics, broken
down by county, about the participation rate and the number of valid and
invalid votes. The pictures and messages were accessible to other users of
the application. The posting and sharing of photographs were anonymous