Hostname: page-component-586b7cd67f-vdxz6 Total loading time: 0 Render date: 2024-11-30T18:57:20.531Z Has data issue: false hasContentIssue false
  • English
  • Français

The Protection of Human Dignity in Hungarian Media Regulation

Published online by Cambridge University Press:  06 March 2019

András Koltay

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

Human existence and dignity, just like human unity itself, are not actually rights. The essence of humanity, as regards the law, is inaccessible. Because of this, human life and dignity are included in the catalogue of human rights and in modern constitutions as the sources of rights, as inviolable values beyond the law. The law must guarantee that these inviolable values are respected and protected.

Type
Articles
Information
German Law Journal , Volume 14 , Issue 7 , 01 July 2013 , pp. 823 - 843
Copyright
Copyright © 2013 by German Law Journal GbR 

References

1 Decision No. 23/1990 (X. 31) AB of the Constitutional Court, Concurring opinions of Tamás Lábady and Ödön Tersztyánszky.Google Scholar

2 The first number of the decisions’ notation stands for its line number, the second for the year in which it was brought. In brackets, the month and the day of its publication appear. “AB” is the abbreviation for the Constitutional Court.Google Scholar

3 Balogh, Zsolt, Alapjogi tesztek az Alkotmánybíróság gyakorlatában (Fundamental Rights Tests in the Jurisprudence of the Constitutional Court), in A megtalált Alkotmány? A Magyar alapjogi bíráskodás első kilenc éve (Constitution Found? The First Nine Years of Hungarian Fundamental Rights Jurisprudence) 124 (Gábor Halmai ed., 2000)Google Scholar

4 Keller, Perry, European and International Media Law. Liberal Democracy, Trade and the New Media 135–139 (2011).Google Scholar

5 Christopher McCrudden, Human Dignity and Judicial Interpretation of Human Rights, 19 Eur. J. of Int'l L. 655 (2008).Google Scholar

6 The European Convention on Transfrontier Television, adopted on 5 May 1989, was promulgated in Hungary by Article 7(1) of Act XLIX of 1998.Google Scholar

7 Directive 2010/13/EU on audiovisual media services, Art. 6. See more on this in Tarlach McGonagle, Safeguarding Human Dignity in the European Audiovisual Sector, 6 IRIS Plus, Legal Observations of the European Audiovisual Observatory (2007).Google Scholar

8 Recommendation No. 2006/952/EC of the European Parliament and of the Council of 20 December 2006 on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry.Google Scholar

9 This is how the French (Article 1 of the Freedom of Communication Act no. 86-1067), Luxembourgish (Article 1(2)(c) of act of 27 July 1991 on Electronic Media), Italian (Legislative Decree 31 July 2005, no. 177; Articles 3–4 of the Audiovisual Media and Radio Services Code), Portuguese (Law no. 27/2007 of July 30; Article 27 of the Television and On-Demand Audiovisual Services Law, Law no. 54/2010 of December 24; Articles 30 and 32 of the Radio Law), Slovakian (Article 19 of Act no. 308/2000 Coll. on Broadcasting and Retransmission), Slovenian (Article 6 of Media Act no 35/2001), Cypriot (Article 33(1) of the Radio and Television Stations Law of 1998) and Romanian (Law no. 504/July 11th, 2002; Article 9 of the Audiovisual Law) law regulate the issue with respect to media services and the Italian (Id.) and Slovenian (Id.) with respect to press products. (We use the title of foreign laws and regulations in English in every case.)Google Scholar

10 Act CIV of 2010 on the Freedom of the Press and the Fundamental Rules of Media Content.Google Scholar

11 Similarly to their Hungarian counterpart, the Czech (Article 32 of Act no. 231/2001 Coll., on the operation of radio and television broadcasting) and Portuguese (Law No. 1/99; Journalist Statute) regulations prohibit people being portrayed in vulnerable situations, and the latter also prohibits such depictions of children that violate their dignity (Id., Article 14). The violation of human dignity is prohibited in advertisements pursuant to the Czech (Article 2 of Act no. 40/1995 Coll., on the regulation of advertising), Greek (Article 3 of Law 2328/1995 “Legal regime of private television and local radio broadcasters, regulation of relevant market and other provisions”) and Spanish (Article 57 General Audiovisual Law 7/2010) media regulations.Google Scholar

12 Former Hungarian media authority (1996-2010).Google Scholar

13 László Majtényi, Az ORTT szabadságjog-védelmi szerepe, (The NRTC's Role in Protecting Freedom Rights), 2 Fundamentum 102 (2010); Polyák, Gábor, A Legfelsőbb Bíróság ítélete Az igazság ára című televíziós műsorszámról (The judgement of the Supreme Court regarding the television program entitled the “Price of the Truth”), 2 Jogesetek Magyarázata 35 (2011).Google Scholar