Az Emberi Jogok Európai Bíróságának a szólásszabadsággal kapcsolatos tesztjei és értékelésük
The European Court of Human Rights’ tests for freedom of expression and their evaluation

Summary/Abstract: This paper analyses the case law of the European Court of Human Rights (Court) on freedom of expression in the context of the tests applied by the Court. The importance of fundamental rights, in particular freedom of expression, in the Court’s practice is presented, followed by a detailed description of the three-part test. The three-part (cumulative) test, which is a step-by-step test of legality, legality and necessity, is a central mechanism in Court practice and an indispensable mechanism in freedom of expression cases. In addition, we describe the tests used by the Court, but which have been incipiently developed in the domestic legal literature, such as the test of appropriate balance, the two main types of tests developed for the examination of hate speech and the tests specific to the liability of online intermediary service providers, showing the advantages and disadvantages of the Court’s solutions. Our analysis suggests that the application of these tests could face significant obstacles if they are not reformed by the Court, particularly in cases involving new technologies, and that there is concern that decision-making is often inconsistent and unpredictable, particularly in the light of the practice of the last ten years.

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