On the constitutionality of the sanctioning of scaremongering

Abstract

Scaremongering is restrained by criminal law as a limitation to freedom of speech in Hungarian law. Without relevant case law, free speech commentators had rarely discussed the provision until the government’s actions taken in order to step up against the Covid-19 pandemic, and the following amendment of the Criminal Code in Spring 2020 brought the subject back into the field of public debates. The article analyses the constitutional issues related to the limitation of scaremongering, and takes the two constitutional court decisions in this subject as guideline.