A véleményszabadság büntetőjogi korlátozhatóságával kapcsolatos magyar alkotmánybírósági gyakorlat az emberi méltósághoz való joggal összefüggésben
The practice of the Hungarian Constitutional Court in relation to the collision between freedom of expression and the right to human dignity

Summary/Abstract: Freedom of expression is one of the most important fundamental rights, which the Constitutional Court has protected from the beginning of its operation. Although this right is not unlimited, the legislator is subject to a stricter standard than the general measure when it comes to restrictions. One of the primary grounds for limitation may be the right to human dignity of others, which is the ultimate basis for the protection of the “dignity of communities” and also the ground for the protection of honour and reputation under civil and criminal law. The most powerful criminal law instruments for the protection of personality are the offences of defamation and libel, which, particularly in cases of public expression, raise the possibility of a collision between the two fundamental rights and the need to assess the constitutionality of the conflict. The present study reviews the changes in the constitutional assessment of this matter in the practice of the Hungarian Constitutional Court. In doing so, it presents the development of the process in which the importance of the subjective position of the person making a public statement is gradually replaced by the evaluation of the situation, i.e. whether the incriminated expression concerned public affairs or not.

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