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MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
without the press acting upon its constitutional responsibility to provide accurate
information. The Constitutional Court emphasises that this requires the State first and
foremost to recognise editorial freedom and respect the prohibition of interference
with media content. In certain circumstances, however, it can be constitutionally
justified and necessary to lay down certain obligations concerning the manner in
which information is provided. Besides media service providers, printed media
financed by public money fall into this category. The requirements enshrined in the
decision of the Kúria serve the same goal.
The Constitutional Court notes that this interpretation is in line with the Committee
of Ministers’ Recommendation adopted in 1999, which provides guidelines
concerning media coverage of election campaigns, in accordance with Article 10 on
freedom of expression of the European Convention on Human Rights and
Fundamental Freedoms [Recommendation No. R (99) 15 of the Committee of
Ministers to member States on measures concerning media coverage of election
campaigns]. According to the recommendation the print media, in contrast to the
broadcast media, are generally not bound by obligations concerning their editorial
practice; however, print media outlets owned by public authorities constitute an
exception to this rule. These media outlets should cover electoral campaigns in a fair,
balanced and impartial manner, without discriminating against or supporting a
specific political party or candidate.
Opinion no. 190/2002 of the Venice Commission (Code of Good Practice in
Electoral Matters: Guidelines and Explanatory Report – Adopted by the Venice
Commission at its 52nd session (Venice, 18-19 October 2002), CDL-AD (2002) 23
rev)) provides as follows in point 2.3.:
‘... Equality of opportunity must be guaranteed for parties and candidates alike. This
entails a neutral attitude by state authorities, in particular with regard to:
i. the election campaign;
ii. coverage by the media, in particular by the publicly owned media;
iii. public funding of parties and campaigns. ...’
The constitutional duty of nominating organisations to contribute to the expression
of public will and to articulate and convey social issues to citizens functions best if it
is clear not only within the nominating organisation but also to the public.
Each candidate is entitled to the same opportunities in election campaigning; hence,
competition for votes should be open. This means that the State should be bound by
the obligation to interpret laws in a way that ensures the equal treatment of all persons
concerned in the electoral process.
Although local municipalities have their general tasks during the campaign period,
the specific rules on the exercise of voting rights prevail during this period. From a
constitutional perspective, there are no grounds for criticising the fact that, during the
election period, the court establishes special requirements for the editorial practice of
media outlets owned by the State (including local municipalities) in connection with
the exercise of voting rights, in the circumstances of the particular case and on the
basis of section 2(1)(e) of the Electoral Procedure Act.
...”