Freedom of expression regarding the use of a mobile phone by a political party.
JUDGMENT
Magyar Kétfarkú Kutya Párt v. Hungary 23.01.2018 (no. 201/17)
SUMMARY
National court decision regarding the violation of voting privacy from a mobile phone application created by a political party. The ECtHR ruled that there was a violation of the political party’s freedom of expression (Article 10).
PROVISION
Article 10
PRINCIPAL FACTS
The applicant, Magyar Kétfarkú Kutya Párt, is a political party registered in Budapest (Hungary).
The case concerned the party’s complaint about domestic court findings that a mobile telephone application it had developed to allow voters to show and comment on invalid ballots cast during a 2016 referendum on European Union migrant relocation plans had broken election rules.
Voters could use the app to post anonymous photographs of invalid ballot papers and comments on reasons for how they cast their ballots. Following a complaint by a private individual, the National Election Commission fined the party after finding that the app broke rules on fair elections, voting secrecy and the proper exercise of rights.
The Kúria ultimately only upheld the decision on the proper exercise of rights and reduced the fine.
A complaint to the Constitutional Court was deemed inadmissible.
The applicant party complained under Article 10 (right to freedom of expression) of the European Convention.
THE DECISION OF THE COURT
Violation of Article 10
Just satisfaction: 330 euros (EUR) (pecuniary damage) and EUR 3,000 (costs and expenses)(echrcaselaw.com editing).
