A/HRC/16/53/Add.1
content (i.e. non-linear audiovisual media cervices, within the meaning of the
corresponding European Union directive). In the event of a violation of this obligation, the
only “sanction” applicable by the authorities was the obligation to make viewers/listeners
aware that they had received biased or inaccurate information, or the obligation to remedy
biases and/or inaccuracies in the presentation. It was apparent from Article 181 (5) of the
Media Services and Mass Media Act that there was no possibility of applying any other
sanction in this regard. The obligation to provide balanced coverage could be found in
many legal systems throughout the world. In this context, Recital 102 of Directive
2010/31/EU of the European Parliament and of the Council explicitly referred to the
common practice of imposing the obligation on television broadcasters to present facts and
events fairly.
145. The Government also pointed out that the requirement of balanced presentation had
been in existence in the Hungarian legislation since 1996. The requirement was supported
by the decisions of the Hungarian Constitutional Court; its precise content had been
developed over the 15-year lifespan of the former media authority, and in the Hungarian
courts. The Government stressed that courts performing judicial review concerning the
related activities of the media authority were bound by this substantial body of
constitutional jurisprudence – just as the authority itself. Given the fact that the precise
content of the said requirement was well defined in case law, the Government stated that
media content providers were not facing a new, “overly broad” or “vague” concept in this
respect, the application of which may produce a “chilling effect” on them.
The notion of human dignity
146. The application of the provisions of Article 14 (1) and 14 (2) of the Press and Media
Act raised, in the Special Rapporteurs’ judgment, unjustified limitations on the right of
freedom of expression, given the “overly broad grounds of limitation”, such as respect for
human dignity. However, the Government indicated that the notion of human dignity was
another well-defined notion in the Hungarian legal system, with numerous interpretative
decisions by the Hungarian Constitutional Court, the former media authority and the
Hungarian courts. Moreover, human dignity was explicitly referred to in the European
audiovisual media legislation, particularly in the Directive on Audiovisual Media Services
and in related recommendations by the European Parliament and the Council. The concept
was also present in the jurisprudence of the European Court of Human Rights. As a
consequence, the legal concept of “human dignity” had become instrumental in combating
racism, xenophobia and hate speech in Europe. Therefore the Government was convinced
that its use in the Hungarian legislation was an important safeguard of democratic values,
and in no way constituted an unjustified restriction on freedom of the press or freedom of
expression.
147. As regards the Special Rapporteurs’ comment concerning defamation cases related
to public officials and authorities, the Government noted that well-established case law
from the Hungarian courts – based on a decision by the Hungarian Constitutional Court –
clearly defined the limits and the scope of criticism that holders of public office must
tolerate. The approach taken by the Constitutional Court and by the courts of Hungary was
consistent with the Council of Europe declaration adopted by the Committee of Ministers
on 12 February 2004 at the 872nd meeting of the Ministers’ Deputies on “freedom of
political debate in the media”. In line with this declaration, the Hungarian legislation
continued to fulfil the requirement that “political figures and public officials should only
have access to those legal remedies against the media which private individuals have in
case of violations of their rights by the media”. Against this background, the Government
also noted that the exclusion of those holding public office from any form of legal remedy
in the event of the violation of their dignity – as expressed in the Special Rapporteurs’ letter
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