ATV ZRT v. Hungary: a missed opportunity to address Hungary’s oppressive Media Act

Guest Blogger: Nina de Puy Kamp, Paralegal at Leigh Day Solicitors, London UK*

Hungary’s Media Act 2010 (the Act) garnered much criticism for its chilling effects on free speech (UN, OSCE, EU, HRW).  The Act establishes a media regulator (appointed by the ruling party) to inter alia prohibit and impose fines for ‘imbalanced coverage’ and restrict non-disclosure rights of journalistic sources. ATV ZRT v Hungary concerned sections 12(3) and (4) of the Act which prohibits media service providers from adding ‘any opinion or evaluative explanation to the political news’ without ‘distinguishing it from the news [itself]’.  In its judgement, the Court expresses concern about the legal certainty of these provisions.  Nevertheless, it veers away from ruling on the Convention-compatibility of sections 12(3) and (4) of the Act.  Instead, the Court opts for a narrow ruling, finding a violation of Article 10 on the facts without triggering much needed legislative change. Continue reading