An Assessment of the Consistency of Hungary's Media Laws with ...

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Key criticisms and cited regulations by country Media Authority: independence Media Authority: centralised structure Media laws’ scope (print and online press) xviii • Hungarian Media Laws in Europe Public Service Media Media Authority: powers Data Disclosure Sanctions Austria Finland italy Austria (2) France Denmark Czech republic Belgium italy Lithuania Czech republic germany Estonia Estonia Denmark Uk France Finland (2) Finland italy Denmark italy Austria France ireland Lithuania Finland (2) ireland Portugal italy Lithuania France Netherlands Slovenia Switzerland germany (2) Switzerland Sweden Uk ireland Sweden Switzerland italy Uk Latvia Lithuania Poland Portugal Slovakia Slovenia Uk
1/Media Authority: independence Hungary’s new Media Authority, the National Media and Infocommunications Authority (NMHH), has been widely criticised by European lawmakers, media analysts and freepress advocates since its formation under the country’s new media laws in 2010. Opponents have raised particular concerns over the independence of the Media Council, a fivemember body within the Media Authority appointed for renewable nine-year terms. Critics say the appointment system gives the Government de facto control over the Media Council, and has enabled Hungary’s ruling Fidesz party to use its parliamentary majority to appoint party loyalists to all five Media Council seats. The Hungarian Government claims the Media Council is a democratically elected body in keeping with European practices and principles. The Government also states that media authorities with “a much smaller degree of independence from [the] government are not uncommon in Europe.” 1 The National Media and Infocommunications Authority (the “Media Authority”) was established in July 2010 by Act 82/2010, the first major piece of legislation in the Hungarian Government’s larger media law “package.” 2 This law initiated a series of changes to Hungary’s media regulation system and replaced Hungary’s former regulatory bodies with a single entity, the Media Authority, to oversee both the media and telecommunications sectors. The law also established the Media Council, a body within the Media Authority, to monitor and enforce the set of new media laws passed by Parliament in November and December of 2010. 3 1 “Reply to the criticisms expressed by the international media against the Media Act,” Ministry Of Public Administration And Justice, January 3, 2011, available at: http://www.kormany.hu/en/ministry-ofpublic-administration-and-justice/news/reply-to-thecriticism-of-the-international-media. 2 The National Media and Infocommunications Authority (NMHH), the “Media Authority,” was established by Act 82/2010, passed by Parliament on July 22, 2010, which amended several laws regulating the media and telecommunications sectors, including the Electronic Communications Act 2003 and 1996 Law on Radio and Television Broadcasting. Text of Act 82/2010, available in Hungarian at: http://www.kozlonyok.hu/nkonline/MKPDF/ hiteles/mk10129.pdf. 3 Act CIV of 2010 on the freedom of the press and the fundamental rules on media content (the “Press Freedom Act”) as amended (March 2011), available in English at: https://cmcs.ceu.hu/sites/default/files/domain-69/ cmcs-archive/act_CIV_of_2010_press_freedom_and_fr_ of_media_content.pdf; Act CLXXXV of 2010 on media services and mass media, (the “Media Act”), as amended (March 2011), available in English at: http://nmhh.hu/ dokumentum.php?cid=26536. Under the new legislation, the president of the Media Authority is appointed by the prime minister for indefinitely renewable nine-year terms. 4 The president of the Media Authority appoints the Media Authority’s top management—two vice-presidents, the director general, and deputy director—also to serve renewable nine-year terms. 5 The president of the Media Authority “from the moment of appointment” also becomes the ipso iure candidate for the chairperson of the Media Council, with final appointment subject to two-thirds parliamentary approval. 6 In case the Parliament does not elect the president of the Authority as chairperson of the Media Council, the president of the Authority shall still convene and chair meetings of the Media Council (without voting rights) until elected as chairperson with full voting powers. 7 The remaining four members of the Media Council are nominated by an ad-hoc committee composed of delegates of each parliamentary faction. 8 Votes in 4 Media Act, Article 111(3) and Article 125(5) available at: http://nmhh.hu/dokumentum.php?cid=26536. 5 Media Act, Article 111(2)(c)(d)(e), 113(6), 115(7); The president appoints the deputy director on the proposal of the director general, see Article 117(1) of the Media Act, available at: http://nmhh.hu/dokumentum.php?cid=26536. 6 Media Act, 125(1) and 125(3). Appointment procedures for the Media Council are generally defined in Articles 124 and 125 of the Media Act, available at http://nmhh.hu/ dokumentum.php?cid=26536. 7 Media Act, Article 125(4), available at http://nmhh.hu/ dokumentum.php?cid=26536. 8 Media Act, Article 124(3)(b), available at http://nmhh.hu/ dokumentum.php?cid=26536. Hungarian Media Laws in Europe • 1
Page 1 and 2: An Assessment of the Consistency of
Page 3 and 4: Contributors Lead researcher and ed
Page 5 and 6: SLOvAkiA Andrej Školkay, PhD, Prof
Page 7 and 8: Italy .............................
Page 9 and 10: executive summary to freedom of exp
Page 11 and 12: executive summary Media Authority,
Page 13 and 14: executive summary by comparison, is
Page 15 and 16: executive summary Conclusions These
Page 17: Report overview This report present
Page 21 and 22: 1/Media authority: independence nom
Page 23 and 24: 1/Media authority: independence 1/F
Page 25 and 26: 1/Media authority: independence reg
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3/Media law scope: regulating print
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4/Public service media these outlet
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4/Public service media Free-press a
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4/Public service media 4.1/Findings
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4/Public service media 4.3/Findings
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4/Public service media The director
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4/Public service media The present
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4/Public service media Example cite
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4/Public service media • • •
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4/Public service media the death of
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4/Public service media 2001). In ad
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4/Public service media Example cite
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4/Public service media by the YLE.
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5/media authority: PowerS applicati
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5/media authority: PowerS effect on
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5/media authority: PowerS 5.1/Exper
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5/media authority: PowerS In additi
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5/media authority: PowerS Judit Bay
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5/media authority: PowerS online pr
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5/media authority: PowerS However,
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5/media authority: PowerS between t
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6/Data disclosure The Hungarian Med
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6/DATA DISCLOSURE Authority’s req
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6/DATA DISCLOSURE 6/Findings: Data
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6/DATA DISCLOSURE 6/Expert assessme
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6/DATA DISCLOSURE not wish to give
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6/DATA DISCLOSURE enforce the appli
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7/Sanctions Under Hungary’s new m
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7/SanctionS 2 million (EUR 7,220) f
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7/SanctionS Convention, regardless
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7/SanctionS 7/Findings: Sanctions A
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7/SanctionS has produced an extensi
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7/SanctionS 7/Expert assessments: S
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7/SanctionS Example cited by Hungar
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7/SanctionS the courts. Appeals do
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7/SanctionS three months. The judge
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7/SanctionS appeals tribunals (Ober
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7/SanctionS down a telemedia servic
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7/SanctionS an individual broadcast
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7/SanctionS Hence, the statement ab
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7/SanctionS As noted above, Electro
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7/SanctionS interference with activ
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7/SanctionS An exception was in 200
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7/SanctionS define levels of infrin
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7/SanctionS broadcasting images of
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7/SanctionS The RVR can impose a fi
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7/SanctionS in fact specifies numer
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Country experts: Biographies AUSTRI
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EXPERTS’ biogRaPhiES as well as n
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EXPERTS’ biogRaPhiES new media. H
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METhoDoLogY Methodology This projec
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LawS REfEREncED Laws referenced (by
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LawS REfEREncED FINLAND Laws Act on
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LawS REfEREncED Press Freedom Act,
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LawS REfEREncED Law on Protection o
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LawS REfEREncED SwEDEN Laws Freedom
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