Brussels, 16/02/2011 (Agence Europe) - With the European Parliament scheduled to vote on a resolution on the subject on Thursday 17 February, the Hungarian authorities confirmed to the European Commission the day before that they intended to amend their law on the media. This decision was announced and welcomed on Wednesday by the spokesperson to Commissioner Neelie Kroes, Jonathan Todd, who stated that the Commission will now ensure that the changes were effectively applied “in the next two weeks”. However, the Hungarian decision cast a doubt, on Wednesday evening, over the MEPs' schedule, as the groups were deciding whether or not to post a resolution (the decision was expected to be made in the course of the evening).
Initially, the Commission flagged up three problems, but its analysis ended up focusing on “four factors”, said Todd. The Hungarian authorities agreed to go along with the Commission's recommendations. As regards the obligation for balanced cover which applies to all audiovisual media, including on-demand internet services and audiovisual blogs, Budapest has agreed to limit this obligation to broadcasters only, meaning this element of the law now “complies with what exists in the EU”. Here, the Commission felt that the fact that on-demand services and blogs were obliged to comply was disproportionate and that this constituted an infringement of the Charter of Fundamental Rights and freedom of expression.
On the second aspect, media based in other countries of the EU could incur fines for failing to observe Hungarian law, which was also disproportionate: this will no longer be the case. As regards the prior registration obligation upon on-demand audiovisual services and media publishers, Kroes also felt that this violated the principle of the freedom of establishment and provide services. “Now, providers of on-demand services, content editors and other providers of media services (Hungarian or foreign) will be able to register within 60 days following the start of their service availability.” Lastly, on the most recently identified problem of the notion of “outrage” justifying fines for all content providers, the Commission got Hungary to limit this to cases of incitement to hatred and discrimination. This vague notion of outrage contravenes Article 11 of the Fundamental Rights Charter.
Over at the EP and in the Greens/EFA Group in particular, the news was welcomed cautiously, with one source indicating that it is now time to examine these changes. The decision will not, however, change the EP's procedure, the source added, as the Commission “did not criticise all elements of the law, such as the composition of the Hungarian media authority”. On this final point, however, the Commission on Wednesday 16 February reiterated that it has no legal capacity to act. (S.P./transl.fl)