Gábor Kálomista won with finality at the Capital Court in the second instance in the lawsuit brought by Endre Hann over the fictional film Elkxrtuk. At first instance, the Capital Court ruled in favor of Endre Hann. According to Gábor Kálomista, the film's producer, freedom of speech was at stake.
He lost the lawsuit he filed against Hahn End due to the movie Elkxrtuk in the second instance at the Budapest Court of Appeal today. Hann Endre, who is connected to the left, does not appear in the fictional story, but he thought he knew him and sued the company that recorded the film. Last December, according to producer Gábor Kálomista, the court ruled in favor of Endre Hann with objectionable proceedings. Kálomista appealed against the verdict.
After that, Gábor Kálomista won today, after according to the Capital Jury, the artistic freedom of the creators of the film Elkxrtuk is stronger than the protection of the personal rights of the plaintiff. Especially considering that during that period, the plaintiff's personal legal situation as a public figure presupposes a higher level of tolerance than in the case of an average person.
The objectionable appearance in the film is legal, the decision of the second instance is final.
- This is a very good, very convincing final decision, since there was a significant change in the verdict compared to the first instance. I think that today's verdict was important from the point of view of freedom of speech, expression of opinion, and artistic freedom, since they attacked a work in a way that I think is quite unprecedented. Today, however, it has been proven that the conservative side can also have a voice, it cannot be suppressed, and if we can make such works, it has a place in the media, in the cinema. I am very happy about everything. This film has suffered a lot, it has been wounded a lot. It makes me happy that one of the wounds now has a plaster. The judgment reassures the creative side, the author's side, so it is a reassuring judgment from this point of view as well - Gábor Kálomista told Magyar Nemzet after the announcement of the final verdict.
According to the first-instance judgment of the Metropolitan Court, even Megafilm Kft. violated the plaintiff's personal rights related to his good reputation. For this reason, he must express his regret on his website, and he also ordered the defendant to pay HUF 1.5 million in damages and HUF 500,000 in court costs. The producer of the film Elkxrtuk was Gábor Kálomista, but Endre Hann did not sue the film's producer in March, because he felt that one of the main characters of the film was identified with him, but the company, Megafilm. In its judgment, the court prohibited the defendant from further infringement.
As we reported earlier, Hann Endre first offered an out-of-court settlement and demanded HUF three million and an apology in relation to the extremely interesting film, which deals with the bloody events of 2006 and the circumstances surrounding the leaking of Ferenc Gyurcsány's Ószöd speech, and admittedly contains fictitious elements. initially called for the film to be banned.
Producer Gábor Kálomista emphasized several times: no claims were made in the film, because it is a work of fiction.
The so-called human rights organizations linked to the left remain silent on the matter.
Source: Hungarian Nation
Featured image: Megafilm