Hungary’s Last Independent Radio Station at Risk

Hungary’s Media Council decided on Friday not to automatically extend the licence of the government-critical Klubradio – the last remaining opposition radio station is Hungary, which only functions offline in the metropolitan area of Budapest.

Klubradio is one of a declining number of outlets that are critical of Prime Minister Viktor Orban’s Fidesz government, which since coming to power in 2010 has set about co-opting or killing off critical media outlets, shrewdly concealing most as neutral business decisions. This led to a number of press freedom, freedom of expression and journalistic organisations earlier this month urging the European Commission to act on several complaints that the Hungarian government has violated EU state aid rules as a means to undermine media pluralism.

The government-appointed Media Council argued that Klubradio had repeatedly violated the country’s media law, therefore its licence – due to expire on February 14, 2021– cannot be automatically extended. If Klubradio wishes to continue its service, the Media Council said it would have to apply for a new licence. Should its application for a new licence fail, Klubradio’s only option would be to broadcast online.

The Media Council did not specify exactly what they meant by violating the media law. Previously, the CEO of Klubradio, Richard Stock, denied to the Media1 news site that his station had committed any violation which could lead to the termination of its licence.

As Media1 reported, this is not the first time that Klubradio’s situation has been precarious. The Media Council has been trying to undermine the radio’s operations for years now, but Klubradio repeatedly went to court and won against the media authority. In a statement, Klubradio said it intends to continue using legal measures to stay on the air.

“The leaders and employees of Klubradio are looking for legal and other means in order to ensure that Hungary’s last independent radio, which authentically informs hundreds of thousands of people every day, is not silenced,” it said in the statement.

From the government’s side, there seems to be a conscious strategy to neuter the radio segment of the media. The Media Council decided to turn off DAB+ digital radio broadcasting in Hungary just last week, arguing that in the last 12 years there has been no real demand for this service. Gabor Polyak, from Mertek Media Monitoring, said in a recent interview that the government wants to keep a tight grip on the radio market. If digital broadcasting were still an option, the Media Council could not keep a monopoly on frequency licences.

Press Freedom Groups Urge EU to Act over Hungary Media Violations

A number of press freedom, freedom of expression and journalists’ organisations urged the European Commission on Wednesday to act on several complaints that the Hungarian government has violated EU state aid rules as a means to undermine media pluralism.

The joint letter from 16 organisations – including Reporters Without Borders, the International Press Institute and the Committee to Protect Journalists – comes after a decade of attacks by Viktor Orban’s government on the independence of the country’s media. This has resulted in “a degree of [state] media control unprecedented in an EU member state”, according to Reporters without Borders, and the country falling to 89th place out of 180 countries on its World Press Freedom Index.

The letter calls on Competition Commissioner Margarethe Vestager to act on complaints that the Hungarian government has violated EU state aid rules by manipulating the media market through the weaponization of state resources “to punish critical media and reward government mouthpieces.”

The letter’s authors highlight their serious concern that the European Commission has not acted on two State Aid complaints (No. 53108 and No. 45463) lodged in 2018 and 2016.

State Aid complaint No. 53108, lodged in November 2018, alleges bias in the distribution of state advertising to media outlets in Hungary. By way of example, the signatories cite the case of Index.hu, Hungary’s largest independent and most popular online news site, which in the years prior to last month’s mass resignations over threats to its editorial interference received virtually nothing in state advertising, despite being a market leader, while its main competitor, the pro-government Origo.hu, benefitted heavily.

State Aid complaint No. 45463, lodged in 2016, concerns the Hungarian public service broadcaster (PSB), which the signatories claim has long since ceased to meet the definition of public service broadcasting, with news coverage presented in a way that shows deliberate and clear bias in favour of the ruling Fidesz party.

The European Commission’s failure to act on these complaints, the letter notes, “allows for the further decimation of independent media in the country”.

Hungary’s government has, indeed, an impressive track record of killing critical media outlets, shrewdly concealing most as some kind of neutral business decisions. The process of co-opting state media into government mouthpieces, the centralisation of all regional daily newspapers, and the takeover or closure of several government-critical news sites and newspapers culminated in almost all government-loyal media outlets being centralised in KESMA (the Hungarian acronym for Central European Press and Media Foundation).

This merger, which was clearly in breach of all the country’s competition laws, could not be investigated by the Competition Authority, as it was branded of “strategic importance” by the government. This move was later ruled legal by the country’s pliant Constitutional Court.

“The creation of the KESMA foundation in late 2018, which united pro-government media and was exempted from normal competition review, further undermined media pluralism in Hungary and has facilitated a centralized system of content control,” the letter said. “By the end of 2018, according to independent research, an estimated 80 percent of the market for public affairs news was being financed by sources determined by the FIDESZ party. This means KESMA now controls over 470 media outlets in Hungary.”

The letter concludes by urging the European Commission take action to defend the right of the Hungarian public to access free and pluralistic sources of news. “This must include responding to all complaints related to the misuse of state aid in Hungary. Addressing these issues is essential to defending media freedom, media pluralism and the rule of law both in Hungary and within the EU as a whole,” it said.

EU Drafts ‘Human-Centric’ AI Plan to Match US, China

The European Commission on Wednesday unveiled the white paper as a part of a European digital strategy on developing artificial intelligence, designed to compete with US and Chinese sector leaders while also addressing potential human rights abuses associated with this emerging technology.

“Europe’s digital transition must protect and empower citizens, businesses and society as a whole,” European Commission President Ursula von der Leyen wrote in an op-ed that outlined the key points of the proposed blueprint.

“To make this happen, Europe needs to have its own digital capacities – be it quantum computing, 5G, cybersecurity or artificial intelligence,” Von der Leyen explained.

She said the Commission should make available the necessary funding to “draw in national and private sector funds” to develop these technologies within the EU, and ensure what she called “tech sovereignty” for the bloc.

According to the white paper, investment in artificial intelligence will be channelled through the Horizon Europe programme, which is to be allocated 15 billion euros in the coming 2021-2027 Commission budget.

The white paper provides also for further investment in adopting new legislation and building safe data spaces, in order to consolidate the EU’s leading role in data protection and assure “the development of AI in Europe whilst ensuring respect of fundamental rights”.

The cornerstone of the new legislation, to be gradually enforced in the EU space, the draft says, might be the Ethics Guidelines for Trustworthy AI. This is a set of recommendations drawn up by a panel of experts that was tested by companies in 2019.

The proposed strategy aspires to promote “a human-centric approach” to AI in line with “European values”. In order to ensure that, the paper advocates tough legislation to counter the risks to human rights of some of the more “intrusive” applications of AI, such as facial recognition and its use for remote identification.

Facial recognition is currently banned in the EU. The white paper aims to promote a “broad debate on which circumstances might justify exceptions in the future, if any,” the Commission noted in a statement.

Moreover, the document commits to putting in place a mechanism capable of identifying and banning any AI algorithms used in “predicting criminal recidivism” that “can display gender and racial bias, demonstrating different recidivism prediction probability for women vs men or for nationals vs foreigners”.

The white paper pledges to ensure that victims of abuse of artificial intelligence and other digital technologies do not encounter any more difficulties in getting compensation than victims of abuses of more traditional products and services.

The document also presents a proposed European Data Strategy, harmonized with the existing General Data Protection Regulation and intended to “create a genuine single market for data, where personal and non-personal data … are secure and where businesses and the public sector have easy access to huge amount of high quality data to create and innovate”.

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