FOTP 2013 Full Report

amendment protects audiovisual media service providers based in other EU member states frombeing fined for breaching certain provisions of the Hungarian Media Law, such as a ban onincitement of hatred. In general, the amendments resulted in a few improvements, but alsoyielded a new restriction: Media service providers can be fined for failing to register with theNMHH.On December 19, 2011, Hungary’s Constitutional Court annulled several pieces oflegislation from 2010 and 2011, including provisions of the Press and Media Act and somesections of the Media Law. The ruling excluded print and online media from the scope of thesanctioning powers of the NMHH; revoked the media authority’s right to demand data frommedia service providers, publishers, and program distributors; deleted a provision limiting theconfidentiality of journalists’ sources to stories serving the public interest; and eliminated theposition of media commissioner, an appointee of the NMHH president with the authority toinitiate proceedings that do not involve violations of the law and whose decisions can beenforced by NMHH-issued fines and sanctions. The revisions were approved by the parliamentin May 2012. However, in an interview published on June 7 in the Budapest weekly Figyelő,Neelie Kroes, the EU commissioner for the digital agenda and vice president of the EuropeanCommission, said the recent changes “failed to address the concerns of the EU and of theCouncil of Europe.” Kroes called the Media Law “embarrassing,” noting that the revisionsaddressed just 11 of 66 recommendations made by the Council of Europe.The unamended provisions of the law still allow the Media Council to fine the media for“inciting hatred” against individuals, nations, communities, minorities, or even majorities. Iffound to be in violation of the law, radio and television stations may receive fines proportional tothe “market power” of the outlet in question. These fines must then be paid before an appealsprocess can be initiated. Under the Media Law, the NMHH can initiate a regulatory procedure inthe case of “unbalanced reporting” and, ultimately, it can also suspend the right to broadcast.Another controversial component of the Media Law is the system of co-regulation. In July 2011,the NMHH concluded public administration agreements on media co-regulation with fourHungarian media self-regulatory bodies: the Association of Hungarian Content Providers (MTE),the Advertising Self-Regulatory Body (ÖRT), the Association of Hungarian Publishers (MLE),and the Association of Hungarian Electronic Broadcasters (MEME). These formerly independentbodies are now responsible for ensuring compliance with NMHH content rules and riskbecoming instruments of censorship.As was the case under the previous media regulation authorities, broadcasters withexpiring licenses are required to enter a new bid with the NMHH. Even as several radio stationshave been forced to stop broadcasting due to a lack of advertising revenue, license fees forBudapest-based frequencies more than doubled in 2011. Klubrádió, a popular station known forits bold, antigovernment political commentary, has been waiting for the renewal of itsbroadcasting license since it expired in February 2011. It has been granted a series of two-monthextensions of its previous license, making it extremely difficult to attract advertisers. The stationwas denied renewal of eight local frequencies in 2011, and that December it lost the bid for itsmain frequency to the newly established station Autórádió, which met the new NMHH tender’srequirements by featuring mostly music rather than commentary. The new laws governingbroadcast media content are detailed in terms of what type of programming may be played andwhen. Radio broadcasters must devote at least 25 percent of their airtime to Hungarian music,while 50 percent of television programming must be devoted to European productions. Critics ofthe Klubrádió frequency tender say it was designed to evict the station from its home of over 10198