Comment Neelie (Kroes)

Thank you for the invitation to speak to you today.sentence permalink

I continue to have grave concerns about the current situation in Hungary.sentence permalink

So does the European Commission as an institution.sentence permalink

And these concerns are based on facts, not myths!sentence permalink

I am happy to have had the opportunity to discuss these directly with Deputy Prime Minister Navracsics in advance of this hearing.sentence permalink

As you know, we recently sent three infringement letters to the Hungarian authorities: on the independence of the central bank, the retirement age of judges and the independence of the data protection authority.sentence permalink

On these points, the Hungarian authorities have yet to reply, so I will not comment further on these procedures.sentence permalink

However, our concerns are much wider: on Hungary's economic policy stance, on the quality of its democracy and on its political culture.sentence permalink

Let me therefore take the opportunity today to speak about the media environment in general, including the threat of the current media law to freedom of the press.sentence permalink

That is significant, and not just because of the fundamental right to free expression.sentence permalink

There is also an economic significance.

Because private investors and international institutions need to know they have full access to independent media analysis.sentence permalink

The Hungarian authorities should be careful not to give them any other impression. Instead, we need positive signals.sentence permalink

As President Barroso stressed to the last EP plenary three weeks ago, by acting in a responsible and democratic manner, and in the best interests of all Hungarian citizens, the Hungarian authorities can gain and keep the confidence of citizens, partners and investors.sentence permalink

Through a legally stable environment, based on the rule of law, democratic principles and fundamental rights.sentence permalink

What is more, threats to press freedom need to be seen as part of a wider picture.sentence permalink

I myself have talked with people from Hungary - only the other day, for example, to a very talented web entrepreneur, one of my "young advisers" on digital matters.sentence permalink

And the picture he painted is deeply troubling.sentence permalink

For example, he tells of a country where discrimination against minorities is rife, and getting worse.sentence permalink

He tells me people from minorities are discriminated against when they seek employment; he speaks of allegations that the police are under instructions to "monitor" minorities; that racist discourse is becoming more open and more accepted, and that some even live in fear of violent attacks.sentence permalink

This particular person, himself from the Roma community, is seriously considering leaving the country.sentence permalink

I do not want to rush to judgment on the basis of such statements.sentence permalink

But the restriction of media freedom has to be seen in this context: in this environment, media pluralism, the ability to hear different views and voices, is even more crucial.sentence permalink

Back in January last year, I addressed some of the most key issues relating to the Hungarian Media Laws.sentence permalink

Their compatibility with EU law in general, and with the Audiovisual Media Services Directive in particular.sentence permalink

And we worked constructively with the Hungarian government, and in particular Tibor Navracsics, to deliver the amendments to the media law that were needed to comply with the limited EU rules in this field.sentence permalink

But I also made clear that I would follow the developments closely and speak up when I saw the need.sentence permalink

This is why I am here today.

Klubrádió is one example.

It is one of the few remaining radio stations providing an important forum for opposition voices.sentence permalink

In the latest spectrum tender for Budapest, it seems that high music content was given priority over this political commentary and discussion.sentence permalink

While there is legally Member State discretion in this area, I am worried when that discretion is exercised to the detriment of media pluralism.sentence permalink

To be blunt: if you set technical conditions that work against political talk radio, do not be surprised if you have less political discussion on the radio!sentence permalink

Of course, I am not a spokesperson for a particular media outlet.sentence permalink

But I have had a detailed discussion with Mr Arato 2 weeks ago and I'm sure he can speak more about the particular case of Klubrádió.sentence permalink

We need to find a sustainable solution that ensures a pluralistic media landscape, including political comment and criticism, in broadcast media such as radio.sentence permalink

Let me turn to the more general situation.sentence permalink

As many of you will know, on 19 December 2011, the Hungarian Constitutional Court found that the media law unconstitutionally limited freedom of the written press.sentence permalink

I urged the Hungarian authorities to respect and implement this court ruling rapidly.sentence permalink

It seems that they are now preparing the changes needed in line with the ruling.sentence permalink

That is certainly welcome, but not yet enough!sentence permalink

In the EU, respect for media freedom and pluralism is not, and should not be, only about the technically correct application of EU and national law.sentence permalink

Rather, it is also about implementing and promoting fundamental democratic principles in practice.sentence permalink

Ultimately, media pluralism and freedom depend on the right atmosphere and political culture.sentence permalink

A recent study indicates that Hungary’s media laws go beyond European practices and norms.sentence permalink

In particular when you look at their overall scope and effect: when you look at the combination of provisions about the Media Authority’s independence and centralised structure, its powers - in particular the power to sanction - and the wide scope of application of the media laws: application to audiovisual, radio, online and print.sentence permalink

And the following is a fact, not a myth:

The danger of high fines for breaching unclear rules can result in self-censorship – even if no fines are ever imposed.sentence permalink

You might also be aware of the independent EU High-Level Group on Media Freedom and Pluralism chaired by Professor Vike-Freiberga, the former President of Latvia.sentence permalink

After studying the case of Hungary on 25 January, they came to the assessment - and I quote – that "Hungary had put itself in a position of potential danger to media freedom and the Government would be wise to consider how to get out of it".sentence permalink

That is why the Hungarian Government needs to do more and act quickly to reassure the Commission, this committee, and all those who have concerns, to show that it is serious about protecting freedom of expression and media pluralism.sentence permalink

The Council of Europe has been setting standards to protect fundamental rights in Europe for over 50 years.sentence permalink

And that is why the Commission is cooperating closely with them on a range of issues – including on the issue of media freedom.sentence permalink

I have recently spoken to Mr. Jagland – the Secretary General of the Council of Europe.sentence permalink

They are ready to do their part.

The Commission expects two key things from the Hungarian government. Over the past weeks and again today we have made these things clear to Deputy Prime Minister Navracsics and we have it made it clear to his colleagues.sentence permalink

Today I am making them clear to you.

1) First, the Hungarian Government should explicitly and transparently ask the Council of Europe for a comprehensive opinion on the compliance of the media legislation, and its application in practice, with fundamental values as enshrined in benchmark texts such as the European Convention on Human Rights.sentence permalink

2) Second, and just as importantly, the Hungarian authorities should accept and implement any concrete recommendations that would be made by the Council of Europe.sentence permalink

The Deputy Prime Minister promised these two things to me in our meeting two hours ago, so I expect that he, on behalf of the Hungarian Government, publicly commits to both as soon as possible: ideally today to all of you.sentence permalink

The Commission will not be satisfied with the overall situation until any concerns that may be raised by the Council of Europe are properly and fully addressed.sentence permalink

We have no time to waste.

The Hungarian Government should dispel doubts about its full adherence to European values.sentence permalink

But until Mr Navracsics speaks, it is not yet clear, not only to me, but also to my Commission colleagues and to this House, that it intends to do sosentence permalink