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Europe.eu :: In 2011 the European Commission used the full extent of its legal powers to improve the Hungarian Media Law. The original version of that law could have breached fundamental rights and EU laws in four areas. Without hesitation I pushed for change and achieved those changes. These four issues comprise disproportionate application of rules on balanced information, application of fines to broadcasters legally established and authorised in other Member States, rules on registration and authorisation of media service providers and rules against offending individuals, minorities or majorities.

In taking this action the Commission abided by the binding principle that the EU can enforce fundamental rights only in areas subject to EU law, while in other respects this is the task of national courts and, if necessary, the European Court of Human Rights.

This left the Hungarian Constitutional Court to address matters of concern outside of EU law, which it did in a ruling on 19 December stating that media law “unconstitutionally limited freedom of the written press.” The judgement continues to be valid after the recent judicial changes in Hungary.

Some key elements of the judgement take immediate effect.  For example, the court has tightened the conditions under which journalists can be required to reveal their sources; while the Hungarian media authority cannot compel media outlets to hand over data. Other changes must be made by 31 May 2012, including removing the institution of the Media Ombudsman and removing the obligation for the written press to “respect human dignity” and not to use its content to invade privacy.

I urge the Hungarian authorities to respect this court ruling, and to implement it with the same speed and efficiency they applied to the Commission’s assessment on the EU law aspects of this media law.

[Neelie Kroes:] But I know that media pluralism and freedom cannot be defined and defended by laws alone. At the end of the day the successful practice of pluralism depends also on an atmosphere and a political culture that supports these ideas.

That is why we have followed up our legal demands on Hungary with an EU-wide high level group that is examining what media pluralism and freedom means in practice, and what can be done to improve the culture and law that supports it. That group is led by former President Vaira Vīķe-Freiberga of Latvia. We need to think seriously about whether the EU has sufficient powers in this area to meet public expectations about the defence of media pluralism.

Neelie Kroes is Vice President of the European Commission and responsible for the Digital Agenda for Europe.

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