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Deutsch: EU Institutionen fordern von Ungarn Klarstellungen zum Mediengesetz

The Hungarian EU Presidency was met on 19 January 2011 with opposition and criticism due to the controversial media legislation Hungary has recently introduced. Some MEPs displayed white banners that read "censored".

Viktor Orban, the Hungarian Prime-Minister started his speech by stating that the Hungarian government was willing to change the legislation if the European Commission finds it to be at fault, as the law is presently under its legal review to establish whether it contravenes the EU law. Orban added that Hungary would follow the EC opinion provided it was scrupulously objective, and insisted that Hungary should be treated like any other EU member state. Also, that a separation should be made between Hungary's EU presidency and Hungary's internal affairs.

Several MEPs expressed the opinion that the legislation ought to be scrapped entirely. The new law establishes a Media Council (MC) to ensure "balanced" reporting, and requires all media types to be registered, including online media such as forums and blogs.

Miklos Haraszti, former OSCE Representative on Freedom of the Media, explained that there are actually five interconnected legislative acts introduced in Hungary since June 2010 that were passed in a rush, at the end of the year, without any consultation.

According to the corroborated legislation, all media (including the Internet) are bound to provide "comprehensive, factual, up-to-date, objective and balanced coverage on local, national and European issues that may be of interest for the general public and on any event bearing relevance to the citizens of the Republic of Hungary and members of the Hungarian nation." In Haraszti's opinion, the obligation of the registration for all news providers (including print and Internet-based ) is specifically forbidden in the Council of Europe guidelines.

The new Hungarian legislation stipulates high penalties, from 90 000 to 722000 Euro for infringements such as the provision of content that may potentially hurt any community. In order to verify the violations, MC may access any data, including legally protected information.. Refusal to offer the required data may bring a fine of up to180 000 Euro to any media provider..

The legislation thus puts the entire media under the power of a single governmental authority and, according to Judit Bayer, associate professor of media law at King Sigismund College in Budapest, the law is "unquestionably a serious attack on press freedom, and contrary to Article 2 of Lisbon Treaty, Article 10 of the European Convention of Human Rights and Article 19 of the International Covenant on Civil and Political Rights."

On 21 January 2011, the European Commission sent a letter to the Hungarian government, giving them two weeks to answer the concerns related to this law. In case of an inadequate answer, Hungary may face legal action.

"The commission services have serious doubts as to the compatibility of the Hungarian legislation with Union law," wrote Vice-President of the Commission in charge of the Digital Agenda, , Neelie Kroes.

The letter also refers to the provisions of the law that allow Hungary to fine broadcasters based outside the country for what is deemed hate speech, as well as the mandatory registration of all media, including websites, which appear to be incompatible with EU rules.

Orban meets barrage of MEP criticism over media law (19.01.2011)
http://euobserver.com/9/31669/?rk=1

Hungary's Media Law Package (16.01.2011)
http://www.statewatch.org/news/2011/jan/hungary-haraszti-media-law-pac...

Hungary's new law a threat to democracy (17.01.2011)
http://www.indexoncensorship.org/2011/01/hungary-media-law/

EC to inform Hungary about concerns with media law this week (19.01.2011)
http://www.politics.hu/20110119/ec-to-inform-hungary-about-concerns-wi...

EU gives Hungary two weeks to reply on media law (22.01.2011)
http://www.earthtimes.org/articles/news/363678,hungary-reply-media-law...

EDRi-gram: New media law in Hungary allows Internet censorship (12.01.2011)
http://www.edri.org/edrigram/number9.1/media-law-hungary-blocks-intern...