Originally from The Journal of Eurasian Law (JEL)

Introduction

1. Freedom of expression and freedom of information are bedrocks of any functioning democracy. They help to create the environment in which the protection and promotion of all other human rights become possible. Independence and pluralism among the media should be enshrined in law as a means of encouraging these freedoms to thrive.

2. The Council of Europe, as the guardian of the European Convention on Human Rights (“ECHR”; “Convention”), is well placed to advise member States as to how to ensure that their domestic media law is fully human rights compliant. The principal reference point in this regard is Article 10 ECHR – Freedom of Expression, as interpreted in the judgments of the European Court of Human Rights (“ECtHR”; “the Court”).

3. The present Opinion is published by the Council of Europe Commissioner for Human Rights (“the Commissioner”) in order to offer a more detailed explanation of his concerns regarding recent reforms to the legislative and regulatory environment in which media operates in Hungary.1 The Opinion follows the Commissioner’s visit to Budapest of 27-28 January 2011, at the end of which he issued a press release2 to state some of his major concerns regarding Hungary’s media legislation, including: