Archive item

Title: Expertise by Council of Europe experts on Hungarian media legislation: Act CIV of 2010 on the Freedom of the Press and the Fundamental Rules on Media Content and Act CLXXXV of 2010 on Media Services and Mass Media
Other/original title:
Publisher: Council of Europe
Files: Expertise_Council_of_Europe_Hungary_Media_Acts.pdf
Abstract: In this 47-page expert report, written at the request of the Council of Europe and completed in May 2012, the authors assess the compliance of the two recently adopted Hungarian media laws with the European Convention on Human Rights (ECHR), the European Convention on Transfrontier Television (ECTT) and CoE recommendations and other standard-setting texts in the field of media and freedom of expression, taking into account relevant case law in the European Court of Human Rights as well. The report makes numerous recommendations on how the media laws should be amended to ensure they do not breach European law. The analysis takes account of the amendments that had been passed to the laws since they were first adopted in 2010, as well as the suggested amendments that were submitted in May 2012, and includes a summary of the December 2011 ruling of the Hungarian Constitutional Court about the media laws. The report sets out the relevant Council of Europe standards, and identifies the main issues with the laws, including their general scope and clarity and issues regarding jurisdiction, registration of media outlets, content regulation, obligations on news coverage, and the protection of journalistic sources. In particular, it points out that "There is no democratic European precedent regulating print and comparable online media content .. beyond the scope of general legislation," as the Hungarian laws do. The report devotes two specific chapters on the restructuring of the public service media under the new laws and the offices and practices of the new media regulatory authorities. Specifically, the report emphasizes that the appointment processes regarding the new regulatory bodies and public service media bodies "do not ensure political neutrality or independence". The report also highlights specific comments on community media and print media.
Publication/ adoption date: 2012-05-11
Language: English
Rights: © Council of Europe; "Unless otherwise indicated, reproduction of material posted on Council of Europe websites, [..] is authorised for private use and for informational and educational uses relating to the Council of Europe’s work. This authorisation is subject to the condition that the source be indicated and no charge made for reproduction."