"Prominent" representatives of the Hungarian press have known no boundaries for a long time when they want to defame Hungarianness. Because they, independent objective pen writers, are free to do anything, because they are independent objective. Now it turned out that it wasn't.
It is almost a miracle if the judicial body (at some level) makes a verdict that puts an end to defamation of the nation and defamation of religion. For example, the very independent (this should be a basic requirement for judges!) judge Lívia Zsófia Gál considered the caricature defaming Christ by Népszava to be "cheesy" (the great judge must be deeply religious), which does not grossly offend the sensibilities of religious people. According to him.
Such judgments (this is not the only one) naturally give courage and strength to the scumbags, who believe that they cannot be offended even if they write even dirtier articles. W. Árpád Tóta , the writer known for his hatred of Hungarians, also did this on HVG.hu This article also includes the terms "stinking Hungarian migrants" and "Hungarian bandits".
After two private individuals filed a lawsuit against the HVG and the author, at first instance the Metropolitan Court ruled that the HVG "violated the plaintiffs' human dignity, because its expressions refer to an entire people, an entire community in an offensive, stigmatizing sense. For this reason, he ordered them to pay HUF 400,000 in damages and HUF 176,400 in court costs.
The judge who does not think the title "stinking Hungarian" is offensive
But the appeal and the Capital Tribunal came. the Tamás Kisbán decided that he did not commit a violation of the law. According to Tamás Tóta W. Kisbán's counsel, "the terms "stinky Hungarian migrant" and "Hungarian bandit" do not transmit to the community, they are not directed against the entire community . they only support what they say with the means of journalism". After the final judgment at the time, Tamás Gaudi-Nagy , the legal representative of the plaintiffs, told PestiSrácok.hu: it speaks for itself that this "transmission" theory is used in liberal legal literature and was adopted from German jurisprudence.
After the final verdict, the Gaudis submitted a review request to the Court, and a miracle happened! The Court annulled the final judgment and upheld the judgment of the first instance court. Their statement reads:
"The Court agreed with the finding of the first-instance court, according to which the use of the adjectives "stinky" and "migrant" with pejorative content in today's public discourse, as well as the term "Hungarian bandits" violates the dignity of the community of the Hungarian nation. He established that the expression of a condemning opinion in public debate is a value protected by the freedom of expression, however, the writer's tool used to express it and the specific nature of the genre of irony cannot provide unlimited exemption from the responsibility of violating the human dignity of others or the dignity of communities."
Yet there is truth!
more about the case at PestiSrácok.hu .
