Susan Nash provides an end of term report on human rights developments
The applicant in Uj v Hungary (App No 23954/10) complained that his conviction for libel was a breach of Art 10 (freedom of expression). He was a journalist who had published an article in a national daily newspaper criticising the quality of a well-known variety of Hungarian wine produced by a state-owned company. In his article he stated that “hundreds of thousands of Hungarians drink [this] shit with pride”.
The national court found that although the applicant was entitled to express an opinion about the wine, characterising it as “shit” was unnecessarily insulting and infringed the wine producer’s right to a good reputation.
There was no dispute that there had been an interference with the applicant’s right to freedom of expression. Further, the European Court of Human Rights (ECtHR) observed that the wine company had the right to defend itself against defamatory allegations, and that there was a general interest in protecting the commercial success and viability of companies. However, there was a difference between damaging a person’s reputation, with the repercussions
