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

Example cited by Hungarian Government: IrELAND
14 • Hungarian Media Laws in Europe
1/Media authority: independence
“Members of the Broadcasting Commission of Ireland – including its chairperson – are
appointed by the government from among experts in the field of media services.” 82
Expert assessment TJ McIntyre, School of Law, University College, Dublin
This statement is generally accurate, although it mistakenly refers to the Broadcasting Commission
of Ireland which was replaced by the Broadcasting Authority of Ireland (BAI) in 2009. 83 The
reference above also does not mention the role of the Oireachtas (Parliament) in appointing some
members of the BAI. There are nine members of the BAI, holding five-year terms, for a maximum
of two consecutive terms. Of these, five are appointed by the Government directly, and four are
appointed by the Government following recommendations from a joint Oireachtas (Parliament)
committee on communications made up of both TDs (members of the lower house) and senators
and operating on a cross-party basis. 84 The law also stipulates that the BAI be composed of no less
than four men and four women. 85 In some ways, however, this statement gives more credit to the
Irish system than it deserves, as the Irish legislation does not require members of the BAI to be
“experts” in the field of media services. 86
The BAI is a national independent regulatory agency created by the Broadcasting Act 2009. It
is the single most powerful media regulatory body in Ireland, although its role is limited to the
broadcast media and it has no functions with regard to either print or online media (except insofar
as provided by the Irish regulations related to the EU Audiovisual Media Services Directive 87 ). The
BAI inherited the functions previously carried out by the Broadcasting Commission of Ireland and
the Broadcasting Complaints Commission and therefore has a wide range of powers, including:
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licensing of independent commercial and community broadcasters;
drawing up of broadcasting codes and rules;
ensuring compliance of broadcasters with their license conditions, the Act and the
broadcasting codes and rules;
development of digital terrestrial television;
provision of funding for the production of programmes on topics such as Irish
culture, adult literacy and the Irish language; and
enforcement of the linear (traditional television) aspects of the Audio Visual Media
Services Directive.
Qualification for membership is detailed in Section 9 of the Broadcasting Act 2009, which requires
that a member should have experience in at least one of the following areas:
(a) media affairs;
(b) public service broadcasting, commercial broadcasting or community broadcasting;
(c) broadcast content production;
82 “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-of-publicadministration-and-justice/news/reply-to-the-criticism-of-the-international-media.
83 See Broadcasting Authority of Ireland (BAI) at: http://www.bai.ie/.
84 See BAI appointment procedures in Section 8 of the Broadcasting Act 2009, available at: http://www.irishstatutebook.
ie/2009/en/act/pub/0018/sec0008.html.
85 Broadcasting Act 2009, Section 8(4), available at: http://www.irishstatutebook.ie/2009/en/act/pub/0018/sec0008.html.
86 Qualification for membership is detailed in Section 9 of the Broadcasting Act 2009, available at: http://www.
irishstatutebook.ie/2009/en/act/pub/0018/sec0009.html.
87 See SI 258 of 2010, The European Communities (Audiovisual Media Services) Regulations 2010, available at: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32010L0013:EN:NOT.