MEDIA LAW AMENDMENTS 2010

2010th second half of the two major laws were adopted, which greatly alters the media, content delivery arrangements. The first act of freedom of the press and the basic rules of the law on media content, while the second part of a law adopted in December a "media services and tömegkommunikációról" entitled.

TECHNOLOGY NEUTRAL MEDIA LAWThe new Hungarian media law breaks with the earlier technology-specific legislation, which is the communication of information technology used by the person or entity entitled to the privileges and obligations. Otherwise take control of a service-aware control-relevant properties, earmarked for the linear and on-demand media service.

MEDIA LAW AND PRESS FREEDOM The Hungarian media law declares the freedom of those who carry out activities in the field of media from the interest of owners and other influencers. In order to enable journalists to acquire data is of public interest the Hungarian media law defines additional right for the journalists.

The new Hungarian media law prohibits the abuse with the consent given for apperance in media content. the consent can be withdrawn without any condition or consequence altough in some cases the law foreclose the right to withdraw the consent.

the media law amendments in the constitutional order and respect for human dignity requires it. The media law of Hungary also contain provisions on the protection of privacy, the minors and ethnoic groups.

ADVERTISEMENT, COMMERCIAL COMMUNICATION AND PRODUCT PLACEMENT IN THE MEDIA LAW On the commercial communications in media content the Hungarian media law prescribes besides other rues that the communication can not call minors directly to purchase or pursuade others to purchase. It is also prohibited to represent minor in unreasonably dangerous situation. The Hungarian media law also defines rules on supporting media programmes. In particular news programme can't be supported and support of broadcasting of national holiday and religious programmes are also prohibited.

Product placement is possible in case that the creator of the programme is not rewarded by the distributor or manufacturer beyond the free making available of the product. The viewers must be clearly informed of the existence of product placement.

Political news programme, political information programmes and programmes destined to minors unde rthe age of 14 shorter than 30 minutes can't be interrupted by advertisement. The Hungarian media law also specifies addition to limits. Film or news programmes longer than 30 minutes can interrupted with advertising once in a thirty-minute period.

FINE FOR THE OBSTRUCTION OF NCTA The authority may impose fine in the event of a participant obstruct the procedure of the National Media and Telecommuniaction Authority if the intent is to drag or fail the procedure or it can be resulted. The fine can between EUR 100 and EUR 100.000. The organization's executive officer is punishable by a fine of between EUR 200 and 12.000.

MEDIA LAW AND REMEDIES Against administrative decisions made by default many remedies are available to the clients of the procedures in several types of procedures. Unlike the decisions of the Hungarian media authority many type of remedies are excluded by law. Thus the decisions of the National Media and Telecommunication Authority and the Council's decision can not be appealed and in the judicial review procedures theres is no possibility to suspend the execution of the decision. It is also not possible to redress any unlawful decision by supervisory measure.

HUNGARIAN MEDIA LAW LIABILITY RULES The media law enables any to initiate procedure for breach of the rules of laws on media. The prosecution of distributors of media content may also be affected, accountability is not limited to content providers.

MEDIA SERVICE GTC PREPARATION AND OBLIGATIONS OF CONTRACTING The Hungarian media law establishes must carry obligations for some of the the broadcasters. The category of broadcasters includes particularly cable operators, IPTV service providers. The GCC-making and disclosure obligations imposed on providers of broadcasting media with the terms of the contract to be concluded. It is mandatory for the content providers to conclude contract with broadcasters in case the offer of the broadcaster meets requirements defined in laws.

MEDIA LAW AND FOREIGN MEDIA SERVICE PROVIDERS Foreign media service providers are also possible to impose sanctions on by NCTA. The penalties were prohibited broadcasters to distribute media content provider. This is the national media service can be used for that service orientation of Hungary covers.

INTERNET SERVICE PROVIDERS AND BROADCASTERS IN HUNGARIAN LAW The hosting providers and Internet access providers shall be deemed as intermediary providers under the electronic commerce act. The intermediary service providers ar enot obliged to monitor the traffic and only in a very narrow range cases are obliged to intervene to the content in relation they act as intermediary service providers. The absence of intervention is an important requirement for the exemption of liability. The Electronic Commerce Act provides that regarding copyright infringing content that in the case of the provider of the content leaves unanswaered the notification of the intermediary service provider.

The new media law of Hungary aim to stop the broadcasting of penalized media content. To this end the Hungarian media law prohibits the broadcasters to distribute such content. The obligations may be imposed on the abovementioned intermediary service providers. . As a result the media law of Hungary allows the NMTA to prohibit hosting service providers and acess providers termniate the transfer of contents specifid in the decision of NMTA. An important rule is that the intermediary service providers are liable for the performance of NCTA decisions.


December, 2010
















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