Ungarisches Mediengesetz

Parliament, upon recognition of the interests of the community and the individual, with a view to the promotion of the integrity of society and with a view to fortifying the appropriate functioning of democracy and the national and cultural identity, upon respecting the Constitution, the constitutional principles, and the norms of international law and the European Union, by taking into consideration the circumstances ensuing from technological development, by preserving the freedom of expression and the press, by recognizing the prominent cultural, social and economic importance of media services and the importance of ensuring competition on the media market, has adopted the following Act on media services and mass media: [...]
1 The Act shall apply to the media services provided by and the media products published by media content providers established in the Republic of Hungary.
2 Under this Act the media content provider shall qualify as a media content provider established within the territory of the Republic of Hungary if:
A the distribution of the media service provided by it is carried out on a frequency owned by the Republic of Hungary or the media product is accessible through an electronic communications identifier designated primarily for the users of the Republic of Hungary;
B its place of central management is located within the territory of the Republic of Hungary and the editorial decisions concerning the media services and the media product are made within the territory of the Republic of Hungary;
C of the place of central management or the place where the editorial decisions are made only one is located within the territory of the Republic of Hungary, but a significant part of the workforce of the media content provider is employed within the territory of the Republic of Hungary;
D the significant part of the workforce of the media content provider is employed within the territory of the Republic of Hungary and another country as well, but the place of central management is located within the territory of the Republic of Hungary; or
E of the place of central management or the place where editorial decisions are made only one is located within the territory of Republic of Hungary, but the media content provider commenced its activities within the territory of the Republic of Hungary and has a genuine and continuous connection with the Hungarian economy.
3 The Act shall also apply to media services provided by a media content provider which does not qualify as a media content provider established in Hungary based on paragraphs 1 and 2 and which does not qualify as a media content provider established in another Member State either, if it uses a satellite uplink situated within the territory of the Republic of Hungary, or it uses the satellite capacity appertaining to the Republic of Hungary.
4 If, based on paragraphs 1 to 3 it cannot be established whether the media content provider falls within the jurisdiction of the Republic of Hungary or another Member State, the media content provider shall fall within the jurisdiction of the Member State in which it qualifies as established within the meaning of Articles 49 to 55 of the Treaty on the Functioning of the European Union.
5 The Act shall apply to media services and media products which do not fall within paragraphs 1 to 4 but are aimed at the territory of the Republic of Hungary or are disseminated or published within the territory of the Republic of Hungary with the conditions stipulated in Articles 176 to 180.
6 The Act shall apply to the media services and media products which are aimed at the territory of the Republic of Hungary or which are disseminated or published within the territory of the Republic of Hungary by a media content provider, which does not qualify as established in any Member State and to the media service or media product over which no Member State has jurisdiction.
7 The Act shall apply to the media content provider providing media services or publishing media products falling within the scope of the Act in accordance with paragraphs 1 to 6. [...]
1 In certain instances stipulated herein, this Act shall apply to ancillary media services related to broadcasting services provided within the territory of the Republic of Hungary and to the provider of such services. [...]
A broadcasting carried out with an electronic communications device installed within the territory of the Republic of Hungary or transmitting to the territory of the Republic of Hungary;
B the technical activities of the media service provider in connection with the broadcasting stipulated in point a;
C the activity of the provider of ancillary media services in connection with the broadcasting stipulated in point a.
Gesamtes Dokument lesen »