Last December Hungary’s Constitutional Court struck down certain sections of media regulation. In response, the Government requested a detailed interpretation of the provisions in the Fundamental Law related to freedom of the press.

The Constitutional Court considered the task of answering the questions put to it to be the responsibility of the legislature, and so on 10 May the Government presented a bill to Parliament proposing amendments to certain legislation on media services and press products. The bill was further amended and supplemented in the course of the parliamentary debate.

The amended legislation strengthens protection for journalists’ sources. Journalists or editorial boards will not be required to identify sources. Disclosure of the identity of a source will only be justified in the course of criminal proceedings, if the public interest is better served by such disclosure than its non-disclosure, when the information is necessary for investigation of a serious offense and the information cannot be obtained in any other way.

As was previously the case, the media authority shall not be empowered to demand the identity of sources from anybody, and this shall continue to be the sole preserve of the courts.

With regard to regulation of content in the printed press and on the internet, the media authority shall not have the power to investigate alleged infringements of human rights, human dignity, privacy and the rights of those making public statements; this is because protection of these rights is already adequately provided for in the Civil and Criminal Codes.

In relation to the press, however, there will continue to be sanctions against hate speech, infringement of constitutional order, and the contrivance of situations in which people are depicted in humiliating or degrading circumstances. Provisions related to the protection of minors will also remain. In these cases, the Authority may investigate in tandem with its parallel regulatory organisations.

Following a submission to the Constitutional Court by the Commissioner for Fundamental Rights, the remit of the President of the National Media and Infocommunications Authority (NMHH) has also been affected. The President may not have authority in connection with the Media Council, if he or she is not elected head of the Council. The President of the NMHH may not continue in office if Parliament has not elected him or her as head of the Media Council within 30 days of his or her appointment as president.

The powers of the Media Commissioner have also been amended. The Commissioner will continue to have powers equivalent to that of an authority, but they will only remain in relation to electronic infocommunications services. The Commissioner shall have no remit in the area of media services and press products. In these cases, if the Commissioner receives a complaint, he or she may only initiate discussions with professional organisations and issue a report at the end of the investigation.

This report may only be sent to interested parties, as making it public would limit press freedom. The Commissioner will continue to be able to initiate proceedings if a substantial number of viewers, listeners or readers are concerned, but he or she may also recommend personal meetings between complainants, professional organisations and the media content service provider. This process will not constitute a limit on press freedom. The Commissioner may not investigate the activities of a media content service provider.

According to the amendments, the quota related to works of Hungarian origin shall only apply if the programme in question is received within the borders of Hungary.

The number of programmes accessible to those with hearing impairment will increase, for example, sports broadcasts and weather reports will have subtitles or sign language interpretation. Parliament took a final vote on the bill on 24 May, but subsequently the President of the Republic, János Áder, sent it back due to a procedural error. He did not find it unconstitutional in any way, however.

The legislation was voted on again and adopted on 4 June. Some of the provisions will come into force on the day of the publication, while others will do so 15 and 16 days after this.

Source: kormany.hu