Minorities and the free press in Hungary after 1867

SUMMARY

The study analyses the status and the standard of freedom of the press in Hungary in the first decade of the Austro-Hungarian monarchy. Special attention is paid to libel cases against nationality papers attacking the government in Pest. The author's main purpose is to discuss the limits on the freedom of the press drawn by criminal law, and in addition, to examine the accusations against the oppositional papers and the court practices involved. As a result, the study emphasizes that the picture of ‘the press under a state of siege’ could hardly be verified from the criminal procedures examined. The author does not, however, paint an idealized picture of the freedom of the press. The government in Pest was biased against the nationality papers. Yet even so, in the first ten years of Dualism juries adjusted the official criminal law policy by acquittals of authors and editors. The prosecuting magistracy therefore accepted the independence of the jury and the unreliability of the lay judges, and often withstood the demands of government departments. The members of the government of Hungary accepted the practice instituted by the prosecuting magistracy and ‘instead of strict laws and even more strict courts’ they gave up trying to rule the press by means of the criminal law. The first half of the 1870s thus became a period of a free press, indicating to what extent the parliamentary system and its government in Dualism could ‘practise liberalism without risking its own existence’.     

Hague Case Law — Latest Developments

Netherlands International Law Review -     

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