Curia rules PM Orbán used children in campaign content unlawfully

Hungary’s supreme court, the Curia, has ruled that Prime Minister Viktor Orbán acted unlawfully by using a small child in campaign-related social media content. The decision, initiated by the civil liberties group Hungarian Civil Liberties Union, is a significant clarification of election rules.

The case centred on footage from a public forum in Kaposvár, where Orbán lifted a child onto the stage after the youngster waved and called out to him. The moment, widely shared online, was also reposted by parliamentary candidate Gábor Szűcs. According to the complaint, the child became the focal point of the video, turning it into a campaign tool.

Equality of opportunity violated

In its ruling, the court found that both Orbán and Szűcs breached a fundamental principle of election law: equal opportunity among candidates. By placing a child at the centre of campaign messaging, they gained an unfair visibility advantage through unlawful means.

Importantly, the court stressed that the issue is not the presence of children at political events. Families are free to attend such gatherings, and children may appear incidentally in crowd footage. However, using a child as a central element in promotional material designed to boost political popularity crosses a legal line.

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Ban extends beyond schools

As HVG reported, the decision also clarifies that restrictions on using children in political campaigns apply not only within schools and nurseries, but in all settings. This interpretation broadens previous understandings of child protection in election contexts.

Judges highlighted additional risks linked to online content, noting that such footage can spread uncontrollably or turn into memes, effectively removing parental oversight. Exposing children to this possibility, the ruling suggests, is incompatible with their rights.

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Children’s rights take precedence

The court sided with arguments that children’s rights outweigh a politician’s freedom of expression in such cases. It referenced Hungary’s constitutional principle that a child’s right to healthy development takes priority over other fundamental rights.

The case reached the Curia after an initial rejection by the National Election Commission, with further legal action supported by the Hungarian Two-Tailed Dog Party. The ruling now sets a notable precedent for future campaign conduct in Hungary.

A first of its kind, unexpected decision

This latest decision is also unusual since two weeks ago the Supreme Court upheld the National Election Commission’s ruling and found no legal violation in Viktor Orbán’s video, in which he visited a family in Győr accompanied by the local candidate.

The NEC argued at the time that since the video did not show any campaign slogans or party logos, and no slogans or promises were made, the event did not qualify as a campaign activity.

Featured image from: Orbán Viktor/Facebook