Merging of the media authority and the telecom authority accepted by the Parliament
The so called “media package”, which consists of five proposals, was submitted to the Parliament on 11 June by two deputies of the governing party Fidesz, which holds two thirds of the parliamentary mandate. The Parliament voted on the bill concerning the amendment of the Constitution on 6 July 2010 which was also signed by the President. In addition, on 22 July, the Parliament also adopted the bill on the reorganisation of Hungary’s current media governance system.
The amendment of the Constitution added new clauses declaring the freedom and pluralism of the media, the public’s right of information and the purposes of public service broadcasting.
As a result of the accepted bill, a new authority, the National Media and Communications Authority, has been established merging the National Radio and Television Council (ORTT) and the National Communications Authority (NHH). The former ORTT will be a body of the new authority known as the Media Council, although its scope of duty and authority will remain the same. The head of the authority (the “President”) will be appointed by the Prime Minister for 9 years and the law envisages Parliament electing the same person as President of the Media Council. The four other members of the Media Council will also be appointed for a 9-year term by a parliamentary committee comprising one member from each party, which will initially aim to achieve a unanimous decision, but failing that, a two-thirds majority. The President has the right to appoint its deputies and the director of the authority. The opposition raised objections to the new regulatory structure saying that the new legislation could lead to governmental control over both private and public-service broadcasters in Hungary.
The public broadcasting organisations - television networks MTV and Duna and Magyar Radio - and news agency MTI are to be converted into non-profit companies and kept separate, but also supervised by a single public-service presidium as opposed to four separate bodies, which has been the case up until now. Such 8-member presidium is to comprise 3 members appointed by the government, 3 members appointed by the opposition parties and 2 members appointed by the Media Council. The CEOs of the broadcasting organisations will be appointed by the presidium. Previously such positions were awarded to those who submitted successful tenders.
The bill introduced the Code of Public Service which contains the duties of public service organisations and also serves as code of conduct. However, such Code must first be accepted by the Media Council. A 14 member body known as the public service board, comprising representatives of social groups, scientists and religious organisations will supervise the public service organisations to ensure that they comply with the Code of Public Service. It also has the right to amend the Code once a year.
The bill will take effect immediately after being signed by the President of Hungary. Laszlo Mandur of the opposition Socialist Party announced that the accepted bill is in conflict with the Constitution and that his party would appeal to the Constitutional Court. The governing party has stated that the new authority will be set up in August, while the Media Council and the public service presidium will be set up in the autumn with the new executives for each medium being appointed in October. The vote on the most criticised part of the media package, dubbed the "media constitution", concerning the freedom of press and basic regulations on media content has been postponed until the autumn to provide time for consultation with professional bodies, unions and the opposition. It is then that the government will enact a new media law.
