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

22 • Hungarian Media Laws in Europe
1/Media authority: independence
remaining members but in practice most have been experts with broad experience in societal
issues, culture and media. Often members are academic researchers and senior representatives of
cultural institutions or NGOs (e.g. the Swedish Film Institute, The National Opera, the Swedish
Red Cross) rather than political appointees. In addition, three replacement members are appointed
to serve as members for any of the five media experts in their absence. These replacement members
are also media experts, serving three-year terms. Appointment terms are staggered and renewable.
Members cannot be recalled by the Government; they remain in office until their term expires, or
until they voluntarily leave or in the case of their death.
The Broadcasting Commission was previously a separate entity, but since 2010 it is now an
autonomous department within the Radio and Television Authority. The Commission monitors
through post-broadcast review of TV, radio and on-demand TV programming for compliance
with content and programme-related conditions of the Radio and Television Act. 126 If it finds that a
broadcast or a provided service contains portrayals of violence or pornographic images in violation
of Chapter 5 Sections 2 or 3 of that Act, the Commission can notify the Chancellor of Justice. The
Broadcasting Commission, like the Radio and Television Authority, does not have the remit to
investigate or monitor breaches of the Freedom of the Press Law or Fundamental Law of Freedom of
Expression; that is the sole remit of the Chancellor of Justice.
Although appointed by the Government, both of these bodies are considered to be independent,
and most observers would agree, apolitical. However, the fact that conservative governments tend
to appoint conservative directors (in all cases, not just specific to the media regulatory bodies) and
social democratic governments tend to appoint social democratic directors has been debated but
has never been a major political issue.
Example cited by Hungarian Government: SwItZErLAND
“In Switzerland, the duties of the media authority are performed by a ministry (Ministry of
Environment, Traffic, Energy and Communication).” 127
Expert assessment Manuel Puppis, Phd/Matthias Künzler, Phd, University of Zurich
It is not accurate to reference the Department of Environment, Transport, Energy and
Communication (DETEC) as performing the “duties of the media authority” in Switzerland.
DETEC is only responsible for awarding licenses to broadcasters. 128 The regulator for broadcasting
is the Federal Office of Communications (OFCOM), 129 which is subordinated to the DETEC
and part of the federal administration. 130 In Switzerland, media regulation is managed by several
different bodies: the OFCOM is responsible for overseeing most of the provisions of the Federal
126 Chapter 16(2) of the Radio and Television Act, SFS No. 2010:696 http://www.radioochtv.se/Documents/Styrdokument/
Radio%20and%20Television%20Act.pdf.
127 “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-public-administration-and-justice/news/
reply-to-the-criticism-of-the-international-media.
128 See Article 45(1) of the Federal Act on Radio and Television (RTVA), (784.4), 4 March 2006 (status as of 1 February
2010), unofficial English translation available at: http://www.admin.ch/ch/e/rs/784_40/a45.html.
129 See Federal Office of Communication (OFCOM) website at: http://www.bakom.admin.ch/index.html?lang=en.
130 See OFCOM’s mission and legal framework: http://www.bakom.admin.ch/org/strategie/index.
html?lang=en#sprungmarke3_1.