More Outspoken Opinions in the Digital Sphere?

The Legal Boundaries of Comments on Social Media and Public Discourse

Abstract

This study examines the legal boundaries of comments published on social media and their role in public discourse, with particular regard to Hungarian judicial practice. It argues that the assessment of online comments cannot be separated from the communicative setting in which they arise or from the distribution of control among commenters, page operators, and platform providers. Drawing on domestic case law and the jurisprudence of the European Court of Human Rights, it analyses the relationship between freedom of expression, the protection of personality rights, platform and page-operator responsibility, anonymity, context collapse, moderation, and the distinction between fact and opinion. The study finds that Hungarian law continues to address unlawful comments mainly through civil- and criminal-law protection of personality, while the responsibility of platforms and page operators is becoming more significant. It further concludes that context, including the audience, forum, style, and dynamics of the comment thread, is central to legal characterization. Although substantive remedies generally exist, enforcement is often hindered by anonymity, difficulties of identification, and platform practices.