“. . . without uncertainty, compromise and fear,” or Should the New York Times Rule Be Introduced in Hungary?

Abstract

This article compares the 1994 CLC decision regarding defamation suits against public officials and public figures, with the New York Times rule5 as well as the practice of the European Court of Human Rights (“Eur. Ct. H.R.”). Freedom of speech carries particular importance for new democracies such as Hungary. Without public criticism and without open debates, such democracies cannot grow. It is necessary to create a constitutional environment that welcomes and encourages the right to ridicule public officials, elected and appointed alike. The cases of public figures and the legal distinction of their various categories go beyond the limits of the present article.