Brussels, 03/01/2011 (Agence Europe) - The start of the Hungarian Presidency of the EU Council of Ministers, which took effect on 1 January 2011, has been turned upside down by the new, controversial law on the media in Hungary, which came into force the same day and which is already in the European Commission's sights. Doubts expressed by the Commission on the new fiscal law in Hungary and the official approach by 13 European key industrial groups against the “crisis tax” introduced by Budapest (see related article p.9) are upsetting the fledgling Presidency still more.
Call for clarification. On Monday 3 January, it was learned that the vice-president of the Commission, Neelie Kroes, who is responsible for the Digital Agenda, sent a letter to the Hungarian government on 24 December, expressing “concern” about the law on the media. In concrete terms, Neelie Kroes' concerns related to the “law itself, the way it transposes Directive 2007/65/EC into the Hungarian body of law, and the ability of the new Hungarian media authority created by the law to act independently, given its appointees and composition”, the Commission spokesman explained to the press. The new Hungarian “Media Council”, most of whose members belong to the Fidesz Party under Prime Minister Viktor Orban, has the power to impose severe fines on media whose productions are not deemed “politically balanced”, or which are detrimental to “human dignity”. This therefore gives rise to serious fears regarding freedom of the press in Hungary. After a somewhat timid initial reaction on 22 December (see EUROPE 10283), the Commission is now calling for “immediate clarification” on the three points mentioned, which it hopes to receive in “coming days”, the spokesman stressed on Monday. At this stage, it is not yet a question of initiating infringement proceedings against Hungary. “Ms Kroes' letter is not yet a letter of formal notice. It simply calls for immediate clarification, without mentioning any deadline or the prospect of possible infringement proceedings”, the spokesman said.
Charter of Fundamental Rights. The media oversight system in Hungary may also run contrary to Article 11 of the Charter of Fundamental Rights (which, since the Lisbon Treaty took effect, has binding legal value), which stipulates: “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The freedom and pluralism of the media shall be respected”. For practical reasons, however, the Commission is not yet looking at whether there is any incompatibility between the Hungarian legislation and this article of the Charter but is simply verifying compliance with the directive on audiovisual services. The Commission spokesman explained: “It is far easier to examine compliance (Ed: by the Hungarian legislation) with the provisions of a directive which contains very specific articles on the correct regulation of the media, the independence of the authority to be created, the breakdown of powers, and on the way the media may be regulated, etc, rather than being based on Article 11 of the Charter which, even if it is legally binding, evokes principles. It would therefore be more hazardous to enter this debate at this stage”.
Budapest refutes criticism. The Hungarian government has already given the Commission a preliminary response, affirming that, in its own opinion, the law is in line with the directive, the Commission spokesman said. Budapest has, however, promised a more detailed response as soon as possible. On Monday 3 January, several Hungarian newspapers of left-wing leaning rose up against the law. “Freedom of the press has ceased to exist in Hungary”, it is stated on the front page of Nepszabadsag, a headline translated into the 23 languages of the EU. Deputy Prime Minister Tibor Navracsics immediately denounced what he described as “hysteria”. “If any real problems arise in practice, then we shall not hesitate to amend the law”, he pointed out.
The two issues - the law on the media and the crisis tax - will no doubt be discussed during the traditional meeting between the college of commissioners and the government of the incoming Council presidency, to be held in Budapest on Friday 7 January. On this occasion, members of the Hungarian government and of the Commission will also take stock of the work programme for the next six months. (H.B./transl.jl)