MEDIA : KROES BRINGS UP NEW PROBLEMS WITH HUNGARIAN LAW.

Neelie Kroes was unsparing in her criticisms of Hungary's new media law, which is being accused worldwide of gagging freedom of the press. As her staff continues its "legal analysis" of the legislation's compatibility with EU law, the Digital Agenda commissioner brought up additional potential problems at EU level, during a debate with the European Parliament's Liberal group, also attended by Hungarian intellectuals, on 11 January in Brussels.

The media authority's lack of political independence is no longer the only problem that could be posed by the Hungarian law in the light of EU law. Before Christmas, Kroes wrote to the Hungarian authorities to express her "many concerns" about a law adopted on 20 December by the Hungarian parliament, which is two-thirds controlled by the prime minister's Conservative party, Fidesz. That letter concerned only the problem of the independence of the new media authority, however.

This law would also apply "to media companies from other member states," explained the commissioner, on 11 January. This would "run counter to the country of origin principle" written into the 2007 Television Without Frontiers Directive, which the Hungarian law is supposed to transpose into national law. This principle states that the audiovisual media are regulated solely by their country of origin, "unless specific derogations" are established. This criticism is based on an EU standpoint.

Kroes went even further, however, mentioning "problems relating to freedom of expression". She was critical of the requirements of "registration of all media, including blogs," and "balanced coverage" of national and European events, with fines (of up to 730,000 for broadcasters) for "undermining the public interest, law and order or ethics" or for "biased information," without further definition. She also mentioned the procedure for appointment of members of the media authority entitled to impose such fines. Its five members, all close to or members of Fidesz, were named by parliament, which is dominated by this party, the winner of the April 2010 elections.

"I WILL NOT BE TIMID"

The Hungarian law encompasses all media - print, TV, radio, internet, blogs - although the 2007 directive only concerns television and its digital services like TV on demand. "This is unprecedented in Europe," said Professor Miklos Haraszti, referring to Prime Minister Viktor Orban's statements that the law's measures exist in other EU member states. "On the pretexts of technology and digital convergence," this law "dares to give the media the task of presenting balanced coverage," under threat of financial penalties. Also unprecedented is the fact that it gives the new media authority access to documents obtained by the press and obliges journalists to reveal their sources on national security issues.

The commissioner promised that she would not be "timid" in her positions. "You know my reputation," warned the former competition commissioner who crossed swords with Microsoft, among others. Representatives of the Hungarian authorities complained about not being allowed to speak at the debate. They could have done so at an EP plenary, but not at a panel, explained the Liberals, who will push to have this subject debated in plenary next week.

Guy Verhofstadt (Belgium) argued for a clear "distinction" between the Hungarian EU Presidency that began on 1 January and this controversial law. He welcomed the commissioner's promise of early delivery of her legal analysis. Kroes stressed that any action would be "in line with EU law". Orban addressed the European Parliament in Strasbourg on the morning of 19 January.