In an important judgment for media freedom, the Court of Justice of the European Union (CJEU) on February 26 ruled that Hungary violated EU law when it stripped independent radio station Klubradio of its FM frequency in 2021. 

The court found that Hungarian authorities used disproportionate and discriminatory grounds in refusing to renew the station's license and excluding it from a subsequent tender. The case, brought by the European Commission, confirms that Hungary's actions breached EU electronic communications rules and the right to freedom of expression.

Klubradio was forced off its frequency in 2021 after a legal battle against the government-controlled media regulator over minor administrative issues. The station can now only be accessed via the internet. In its judgment, the CJEU made clear that regulatory technicalities cannot be used to push independent voices off the airwaves.

The ruling comes as Hungary's media landscape has been hollowed out by years of political interference, the government's 2010 overhaul of media laws, and attacks on independent media.

Hungary's media regulator lacks independence, and its distribution of radio frequency tenders is opaque. Hundreds of media outlets have been consolidated into a pro-government foundation while state advertising flows to government loyal media. Meanwhile, major independent news outlets have been acquired by government-friendly businessmen and were either shut down or turned into government mouth pieces.

Independent media and journalists face smear campaigns, restricted government access, and mounting pressure in their work. Public service broadcasting exclusively echoes government narratives, depriving the public of reliable, fact-based information needed to make informed democratic choices. Approximately 80 percent of the media is now controlled, directly or indirectly, by Hungary's ruling party.

The Hungarian government should immediately comply with the CJEU ruling, restore fair licensing, guarantee independence of the media regulator, end discriminatory state advertising, and ensure journalists can work freely.

The European Commission should track compliance including under the EU's Media Freedom Act and move swiftly toward financial penalties if Hungary fails to act. EU institutions and member states likewise should use available tools, including budget conditionality and article 7 rule of law scrutiny proceedings, to defend media pluralism and freedom.

Safeguarding independent journalism is essential to preserve democracy and rule of law and requires political will and rigorous enforcement of EU rules.

Source: Human Rights Watch