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The purpose of the present paper is to identify the legal position and role of the right of reply within the European concept of media law. We wish to find an answer to the question whether the right of reply constitutes a limitation to the freedom of the press or if it is to be understood as a means of exercising freedom of opinion (or both, perhaps). We shall also try to identify the common foundations of the regulation of the right of reply and its general, or at least, most common, manifestations in Europe. According to our preliminary hypothesis, the right of reply is a legal instrument serving both the person whose (personality) rights have been violated (the applicant in the legal procedure) and the public wishing to access a wide variety of information via the media. The conclusions of the paper shall confirm or refute this hypothesis.

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The paper discusses the issue whether art and works of art created by artists can be assessed using legal means. The paper provides an overview of the different Hungarian constitutional provisions governing artistic freedom from 1949 to the present, and examines the possible components of freedom of arts as a fundamental right, within the confines of the Hungarian legal system. According to the author, the subjective side of the artistic freedom integrates into the fundamental right of freedom of expression, ie artistic expression is free, but it does not require a separate, specific protection under constitutional law. However, the specificities of artistic expression as factors influencing the scope of the freedom of expression might be taken into account, e.g. symbolic speech, the specificities of a genre or the time elapsed since publication). Hence, works of art and literary pieces are to be treated as specific, unique forms of opinions – they are presented as a form of freedom of expression but this does not go beyond the boundaries of freedom of expression as a fundamental right. At the same time, the regulation of art, irrespective of this, might be justified even in the Fundamental Law. Setting requirements for the state (the objective obligation of the state to safeguard the institutions of fundamental law) is a precondition for the birth and preservation of works of art, which constitutes the objective side of artistic freedom without any specific subject and denotes its specific constitutional content But, an appropriate level of protection for freedom of expression ensures that this recognition should not have any detrimental consequences for freedom of arts.

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Acta Juridica Hungarica
Authors:
Ádám Boóc
and
András Koltay

Ád´m Boóc, G´bor Hamza: Az európai mag´njog fejlődése. A modern mag´njogi rendszerek kialakul´sa a római jogi hagyom´nyok alapj´n (Trends in the Development of Private Law in Europe. The Role of the Civilian Tradition in the Shaping of Modern Systems of Private Law.) Nemzeti Tankönyvkiadó, Budapest, 2002.; Ád´m Boóc, Francois Gendron: L'interprétation des contrats. Montréal, 2002.; Andr´s Koltay, G´bor Jobb´gyi-Judit Fazekas: Law of contract in Hungary. Kluwer Law International, The Hague-London-New York, 2003. (From the series: International encyclopaedia of laws.)

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