The Court of Justice of the European Union has ruled that Hungary violated EU law by refusing to renew the broadcasting license of the independent station Klubrádió. The judges found that the actions of the Hungarian Media Council were arbitrary, discriminatory, and violated freedom of speech and the EU's Electronic Communications Directive. The ruling represents another chapter in the dispute between Budapest and Brussels over the state of the rule of law and media pluralism in the country governed by Viktor Orbán.

Violation of EU law

The ECJ found that Hungary breached community law by arbitrarily revoking the license of an independent radio station.

Blow to freedom of speech

The Court ruled that Budapest's actions violated the EU Charter of Fundamental Rights regarding freedom of expression and information.

Lack of Council transparency

The procedures of the Hungarian Media Council were found to be non-transparent and discriminatory towards a specific broadcaster.

Likely consequences

The ruling may lead to financial penalties being imposed on Hungary if no changes are made to its media policy.

The Court of Justice of the European Union has issued a key ruling in Luxembourg concerning media pluralism in Hungary. The Court found that Budapest violated EU regulations when in 2021 it refused to renew the license for Klubrádió. The judges indicated that the procedures used by the Hungarian media market regulator were non-transparent and disproportionate, leading to the broadcaster's effective exclusion from the airwaves. This ruling confirms that member states cannot use administrative procedures to silence critical media. The situation regarding media freedom in Hungary has been systematically deteriorating since 2010. In rankings by Reporters Without Borders, the country has fallen from the top positions to distant places within the European Union.The ECJ ruling is based on an analysis of the European Electronic Communications Code Directive. The Court emphasized that the decision to terminate the license violated the principle of non-discrimination and the freedom of expression enshrined in the EU Charter of Fundamental Rights. The Media Council justified its actions with alleged administrative violations by the station, but the judges did not accept this argument, considering it a pretext to remove an independent voice from the public sphere. The ruling opens the way for potential financial penalties against Hungary if the country does not comply with the judgment. „The conditions attached to the renewal of rights to use radio frequencies must be objective, transparent, non-discriminatory and proportionate.” — ECJFrom Brussels' perspective, the Klubrádió case was a symbol of the pressure exerted on free media by the government in Budapest. This decision ends a multi-year legal battle that began when the station's license expired in February 2021. Despite numerous international protests and appeals from the European Commission, Hungarian domestic courts had previously upheld the government's decisions. Today's ruling puts an end to those interpretations, clearly siding with the protection of media freedom as a foundation of democracy in the European Union.

Mentioned People

  • Viktor Orbán — Prime Minister of Hungary, whose media policy is subject to criticism from EU institutions.