Archive item

Title: Analysis and assessment of a package of Hungarian legislation and draft legislation on media and telecommunications
Other/original title:
Publisher: OSCE - Office of the Representative on Freedom of the Media
Files: Analysis and assessment of a package of Hungarian legislation and draft legislation on media and telecommunications.pdf
Abstract: This expert legal analysis of a package of new and draft media laws in Hungary, prepared by Karol Jakubowicz, was commissioned by the OSCE Representative on Freedom of the Media and presented to the Hungarian government in September 2010. The analysis reviewed two pieces of legislation that had already been adopted - an amendment of the Constitution and the 'Institutions Act', which amended existing laws on electronic communication, radio and television, digital transition, and the national news agency - as well as a draft Law on Press Freedom, which was eventually adopted in November. The analysis reviews this legislation in the light of OSCE principles and commitments; Council of Europe standards emanating from Article 10 of the European Convention on Human Rights; and EU policies and legislation. The first of the four chapters reviews the material and territorial scope of the new regulations. Chapter 2 covers freedom of expression and content regulation issues, such as registration requirements for media content providers, the right of reply, hate speech, and information obligations for media outlets. The third chapter concerns the role and competences of the new National Media and Telecommunications Authority (NMHH), the Media Council and the Media Commissioner, including the ways in which their officeholders are appointed, whereas the last chapter focuses on changes in the public service media and their centralization under a Public Service Foundation. The legislative package as a whole amounts to "instituting a system for media content regulation (including Internet- and ICT-delivered media content) going in its sweep and reach beyond almost anything attempted in democratic countries," the author concludes, and "needs urgently to be reconsidered and amended". Recommendations on how to do so are included.
Publication/ adoption date: 2010-09
Language: English
Rights: Copyright Organization for Security and Co-operation in Europe. Permission for reproducing the material granted by email.