Archive item

Title: Decision 165/2011. (XII. 20.) AB of the Constitutional Court of Hungary (Case number: 1746/B/2010)
Other/original title: 165/2011. (XII. 20.) AB határozat (Ügyszám: 1746/B/2010)
Publisher: Constitutional Court of Hungary
Files: 165_2011 XII_20 AB határozat.pdf
Abstract: On 19 December 2011, the Hungarian Constitutional Court issued a ruling which declared significant parts of the Press Freedom Act and Media Act, passed the year before, unconstitutional. In the ruling, the Court also struck down parts of a controversial law on the judiciary, and voided an equally contentious law on religion on procedural grounds. Provisions of the media laws which the Court declared unconstitutional included ones concerning the application of some of the Press Freedom Act's content regulations to print and online media, the legislation's limitations on the protection of journalistic sources, the office of the Media and Communications Commissioner, and the media authority's ability to request legally protected information. However, the Court ruled the obligation for media outlets to register constitutional, and also approved the extension of regulations regarding commercial content to the print and online media. Moreover, the ruling did not discuss numerous other points which petitioners had brought, including the content regulation of broadcast media, the new centralized media regulatory authorities and their powers and contested independence, the scope of sanctions and fines, and the restructuring of the public service broadcasters. Whereas the Court annulled some provisions, notably on the protection of sources and data disclosure, immediately, it left the Hungarian Parliament until 31 May 2012 to pass new legislation to comply with the other parts of the ruling.
Publication/ adoption date: 2011-12-19
Language: Hungarian