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IRIS 2008-6:1/17 [HU] Procedure of Establishing Broadcasting Fees for Cable and Satellite Broadcasters Found Unconstitutional

In a judgement of 8 April 2008, the Hungarian Constitutional Court evaluated the procedure for defining broadcasting fees by the Országos Rádió és Televízió Testület (National Radio and Television Commission - ORTT) and established that the lack of detailed criteria in this regard as defined by law is not compatible with the Constitution. On the basis of the regulation provided by Act I. of 1996 on Radio and Television Broadcasting (Broadcasting Act), broadcasters under the jurisdiction of Hungary are obliged to pay an annual broadcasting fee. The broadcasting fee is the income of the Broadcasting...

IRIS 2008-5:1/20 [HU] National Communications Authority Announces Tender for Digital Broadcasting

On 25 March 2008, the National Communications Authority of Hungary (NCAH) announced an international tender for the operation rights of five terrestrial digital television broadcasting networks and a digital radio broadcasting network in the VHF range. According to the NCAH plans, the results of the bids shall be announced in the summer of 2008. In order to make digital switchover possible, invitations to bids for national terrestrial digital television broadcasting (DVB-T) and terrestrial digital radio broadcasting (T-DAB) have been announced by the NCAH with the approval of the designated ad...

IRIS 2008-4:1/25 [HU] Copyright Aspects of Network-based PVR

In January 2008, the Szerzői Jogi Szakértő Testület (Board of Experts on Copyright) delivered an opinion clarifying the qualification of the network-based personal video recorder service from the perspective of copyright. The Board of Experts on Copyright is a professional body established by Act LXXVI of 1999 on Copyright (Copyright Act). Its role is to provide advice for courts, authorities and other interested parties on questions concerning copyright. Personal video recorder solutions are provided by some service providers who offer digital television programme distribution. It is recognised...

IRIS 2008-2:1/22 [HU] Concept for Media Legislation Published

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...

IRIS 2007-8:1/41 European Commission: End of Proceedings against Hungary after Amendment to Media Act

In a dispute between the European Commission and Hungary, the latter has chosen to heed requests made by the former and has agreed to amend its controversial Media Act. The Commission objected to a specific provision in the Hungarian Media Act, which did not comply with Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services. It was argued that the provision would impede competition, given that cable operators would not be allowed to provide their services to more than one third of the population in Hungary. In abolishing the provision...