Orbán Lost Licence to Silence Hungarian Media

A recent judgment of the European Court of Justice in the Klubrádió case (C-92/23) signals that the EU is willing to defend pluralistic media against political pressure – but the gap between commitments and reality remains.

Klubrádió and the case for media independence

The Court has found that Hungary had breached its obligations under EU law by refusing to renew the licensing contract. Given the rather minor grounds relied upon to justify the refusal, it was evident that this was simply an attempt by the Hungarian Media Council to silence an outlet critical of the government. The Council’s independence, as required under EU law, appears to exist largely on paper. A quote from George Orwell’s The Prevention of Literature from 1946 comes to mind: ‘The freedom of the press, if it means anything at all, means the freedom to criticise and oppose’.

This judgment consolidates a new trend in which both the European Commission, in its infringement actions, and the Court of Justice pay greater attention to the broader context of particular infringements in Hungary, namely rule of law backsliding and systemic deficiencies in the protection of fundamental rights. It was arguably one of the first instances in which the Court seized the opportunity to emphasise the role of independent and pluralistic media in safeguarding democracy and was explicit in recognising that role. However, the judgment comes at a time when media independence is both especially needed and under increasing pressure.

A perfect storm for independent media

The situation in the media sector is only worsening. Journalists and media professionals no longer act only as providers of information; they also have to act against disinformation, especially in the context of artificial intelligence (AI) playing an increasing role in its production and dissemination. They have to compete for attention with prolific social media users, who do not act with respect for professional ethics and the due diligence expected in responsible journalism.