index.hu 30 October 2017
In its ruling of No 32.Pf.20.570/2016/4-II the Metropolitan Court of Appeals established that Index.hu Ltd. as defendant had violated the reputation of Children Cancer Foundation as plaintiff by suggesting in its article ‘Avoiding traffic jam in private ambulance’ published on their Internet portal on 17 December 2013, using a simplified calculation related to the yearly average of the amount spent on patient transport by the foundation, that plaintiff was engaged in wasteful management.
Furthermore, the defendant violated the plaintiff’s reputation by spreading the false rumour in its article ‘Children Cancer Foundation under heavy attack by EMMI’ also published on 17 December 2017 that “ …the Children Cancer Foundation is one of the organisations which have spent more than 10 million forints on advertising so far while spending considerably less in proportion on genuine goals …”, creating the false impression that a significant percentage of the income is not spent on purposes of public interest by the plaintiff. It also violated the plaintiff’s reputation by falsely claiming in same article that “ …only a fragment of the one billion forints acquired from 1% personal income tax donations was actually given to people in need, according to Government Control Office (KEHI) investigation…”.
The appeals court ruled that the defendant violated the plaintiff’s reputation by misrepresenting in the article ‘On what and how does the Children Cancer Foundation spend their money?’ published on the index.hu Internet portal on 18 December 2018 the real fact that “…the network treating children with cancer received 16 million forints in the past two years …”, creating the false impression that this was the only part of the donations which the plaintiff contributed to the support of hospitals treating children with cancer.
The appeals court ruled that the defendant violated the plaintiff’s reputation by spreading the false rumour in its article ‘Paediatric Clinic of Tűzoltó Street requested support from Children Cancer Foundation but was refused’ published on 10 February 2014 that “… the foundation supports the patients with monthly donations of 5000 forints, but only those who regularly visit the foundation to receive the donation …”.