Communicated on 18 October 2017

FOURTH SECTION

Application no. 43873/16 GERILLA PRESS LAPKIADÓ ÉS MÉDIATANÁCSADÓ KFT against Hungary lodged on 22 July 2016

SUBJECT MATTER OF THE CASE

The application concerns the sanctioning of the applicant company for having published photos of Mr Gy . Sz ., a well-known politician, taken during the criminal trial conducted against him.

In 2013 an internet news portal published several articles about a number of criminal proceedings conducted against Mr Gy . Sz , which were accompanied by photos showing him seated in the courtroom. The domestic courts found that the publishing of the photos had infringed Mr Gy . Sz . ’ s right to his image, since, in particular, he could not be considered a public figure in the course of the criminal proceedings. The applicant company, the publisher of the online news portal, was fined 300,000 Hungarian forints (approximately 1000 euros) by the Kúria on 24 February 2016.

QUESTIONS tO THE PARTIES

1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?

In particular, was the constitutional complaint an effective remedy within the meaning of this provision?

2. Has there been a violation of the applicant company ’ s right to freedom of expression, in particular its right to impart information and ideas, contrary to Article 10 of the Convention?