Hungary

[HU] Concept for Media Legislation Published

IRIS 2008-2:1/22

Márk Lengyel

Körmendy-Ékes & Lengyel Consulting, Budapest

In early January 2008 the Commissioner for Audiovisual Media Regulation published a general concept paper for a new media legislation.

The publication of the document was preceded by the elaboration of a National Audiovisual Media Strategy in the summer of 2007. Following the publication of the draft strategy a public consultation took place. During this consultation the Commissioner for Audiovisual Media Regulation received 67 observations on approximately 650 pages in total. The concept paper, now published, summarises the legislative implications of the National Audiovisual Media Strategy by taking into account the results of its public consultation.

The concept paper focuses primarily on five major legislative issues:

- As regards the general rules on providing audiovisual media services it aims at introducing a regulatory framework consistent with the Audiovisual Media Services Directive as recently adopted at the European level;

- The concept foresees an ex-ante regulatory regime for promoting competition and pluralism of opinion in the media sector. This regime is based on the analysis of media enterprises in order to establish whether they are in the position to have a determinate influence on public opinion. The analysis is to be carried out by the media authority. Once an enterprise fulfils the qualifying criteria, which will be down by the act, it will become subject to a series of remedies with the purpose of maintaining the pluralism of media;

- The third key area of the concept paper is public service media. In this regard it aims at creating a framework that is consistent with EC rules on state aid. It calls for the establishment of a contractual financing mechanism that is tied to the effective performance of clearly designated public service tasks. The concept paper also foresees the integration of the governing bodies of the Hungarian PSBs and the organisational integration of the two public service television companies;

- Another issue highlighted by the concept paper is supervision. According to the concept, the Országos Rádió és Televízió Testület (National Radio and Television Commission- ORTT), the current broadcasting authority, will cease its activities and a new regulatory body shall be formed. In addition to the new media authority, it is also proposed that an ombudsman for media consumer rights will also be appointed;

- The concept paper also deals with issues of media financing in a separate chapter. The largest proportion of state financing is to be granted for the fulfilment of public service tasks by public service media enterprises. The source of this funding remains the central state budget. However, the basis of the funding will be a hypothetical amount of money calculated per household.

In general, the concept paper provides a background for a media legislation that is expected to be place in the first half of 2008.