Information Note on the Court’s case-law 218
May 2018
Magyar Kétfarkú Kutya Párt v. Hungary (referral) - 201/17
Judgment 23.1.2018 [Section IV]
Article 10
Article 10-1
Freedom of expression
Fine imposed on political party for making available to voters a mobile telephone application allowing them to share anonymous photographs of their ballot papers: case referred to the Grand Chamber
In 2016 a referendum related to the European Union’s migration relocation plan was held in Hungary. Just prior to the referendum, the applicant, a political party, had made available to voters a mobile telephone application which they could use to anonymously upload and share with the public photographs of their ballot papers. Following complaints by a private individual to the National Election Commission, the applicant was fined for infringing the principles of fairness and secrecy of elections.
In a judgment of 23 January 2018 (see Information Note 214), a Chamber of the Court held, unanimously, that there had been a violation of Article 10 of the Convention. In the Court’s view, the applicant’s conduct was not conducive to any prejudice in respect of the secrecy or fairness of the referendum. The sanction imposed on the applicant did not pursue any of the legitimate aims enumerated in Article 10 § 2.
On 28 May 2018 the case was referred to the Grand Chamber at the Government’s request.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy