Index Sacking Worsens Pressure on Hungary’s Free Media

Hungary’s largest and most widely read online news site may be the next victim in the fight for press freedom in Central Europe, after Index’s editor-in-chief, Szabolcs Dull, was unexpectedly fired on Wednesday by the president of the foundation that owns it.

The official explanation for Dull’s removal was that, as editor-in- chief, he had created unfavourable market conditions by communicating – a month ago – that the news site’s independence was at stake.

Dull met with the editorial team on Wednesday and said he had been offered a substantial amount of money “if he kept his mouth shut”. He said he declined the offer and instead pleaded for “his colleagues not to be silent”.

Index has no new editor-in chief at the moment; most eyes are on Dull’s predecessor, senior editor Attila Tóth-Szenesi, who is respected by his colleagues.

Dull told his final meeting with colleagues that there had been a lot of pressure on the editorial team recently, but that most of the outside criticism was not based on the content but on the organization of the news site. A few weeks ago, a controversial business plan was leaked that aimed to cut the editorial team into shreds and remove much of its independence. The restructuring would was necessary to keep the company afloat, some members of the board of directors had reportedly argued.

But, according to BIRN’s sources, the site’s financial problems have been over-estimated and exaggerated by some members of the board to put the journalists under pressure. “The money that they said Index owes the sales house could easily have been paid back, but then they came up with further demands, just to keep up the pressure,” one journalist told BIRN earlier.

Index is owned by a foundation, but all its revenues come through the sales house, Indamedia, which is currently owned by two managers close to the government of Viktor Orban. One of them, Miklós Vaszily, is also the chairman of the government-close private television TV2, and played a role at “taming” Origo, the other main online news site, some years ago.

Since Vaszily obtained 50 per cent of the shares in Index’s saleshouse in mid-March, most journalists were aware that the government was preparing for a push against the remaining flagship for independent journalism in Hungary.

Hungary’s governing Fidesz party has an impressive track record when it comes to silencing critical media. It mostly relies on a strategy of sticks and carrots: instead of directly cracking down on disobedient media, it hires loyal businessmen to act as middlemen.

It also conceals its political motives with the excuse of the media outlet’s financial difficulties – mostly created by its own distortion of the advertising market. Government-loyal media receive as much as 87 per cent of all state advertising, regardless of the number of their readers, research done by the Mérték Media Monitor Institute has indicated.

Hungarian Police Accused of Abusing Powers to Arrest Critics

Police in Hungary on Wednesday at 6am detained an opposition politician, János Csóka-Szűcs, in Gyula, a small town in Békés County, the media outlet Magyar Narancs reported.

Csóka-Szűcs is the local leader of an opposition movement called the Kossuth Circle and a supporting member of the Momentum party.

Police raided his home and seized his mobile phone and computer, and he was detained and interrogated at the local police station.

Csóka-Szűcs was told that he was being questioned because of a Facebook post from April 20 that he published in a local group “Uncensored chatroom of Gyula,” which was suspected of fear-mongering.

He may face charges under a recent amendment to the criminal law that introduced punishments of one to five years in jail for spreading “falsehoods” or “distorted truth” deemed to obstruct the efforts to combat the pandemic.

This amendment was the part of the controversial Coronavirus Bill, which critics said gave almost “dictatorial” powers to the Prime Minister, Viktor Orbán.

In response to the arrest, the opposition Democratic Coalition said it was organising an “online demonstration”.

Katalin Cseh, an MEP from the Momentum movement, asked people on Twitter https://twitter.com/katka_cseh/status/1260528932392259587 to share the story of Csóka-Szűcs. She accused the police of abusing the law to detain critics of the Orbán-led government.

On April 20, when anti-government demonstrations were held in Budapest, and in the town of Gyula, Csóka-Szűcs shared a call for the demonstration, adding that “1,170 beds were emptied in Gyula as well” to deal with the pandemic.

His post referred to the country-wide anti-pandemic measure during which 60 per cent of all hospital beds were freed up to deal with COVID-19 patients.

In fact, in the local hospital, about 1,200 beds had been duly freed up. But, with this sentence, Csóka-Szűcs had allegedly “obstructed efforts to combat the pandemic”.

Csóka-Szűcs spent four hours in detention at the police station and had to walk home; police did not take him home despite the fact that he is disabled.

This was the second arrest in Hungary for fear-mongering in two days. On Tuesday, a 64-year-old man was detained by police near Szerencs in Borsod county.

He was questioned over a Facebook post he published on 28 April in which he had criticized the government’s anti-pandemic measures, claiming it had deliberately lifted the curfew restrictions at the peak of the pandemic to cause mass infections. He also addressed “Our dear dictator, our dear leader”, saying: “You are a cruel tyrant, but remember, all dictators have failed so far.”

The man, called András, talked later to 444 media outlet about his interrogation.

According to a statement on 5 May, police in Hungary had initiated 83 proceedings on suspicion of fear-mongering and 26 on suspicion of threatening public danger since the pandemic started.

For more information on the state of digital rights and violation amid the pandemic, check BIRN’s digital rights monitoring database.

Freedom of Information Curbs Alarm Rights Activists in Hungary

The Hungarian government’s decision to limit the application of the EU’s General Data Protection Regulation, GDPR, is fueling fear among the opposition and civil society organisations that human rights face further curbs in the country.

Justified by the need to stop the spread of the coronavirus, the authorities can now use the personal data of citizens without clear regulations about when they can use it, and for what purpose.

Viktor Orban’s government has also additionally limited information access by extending the deadline for public institutions to provide requested data through FOI regulations from 15 to 45 days. The deadline can be prolonged for another 45 days meaning one could have to wait up to 90 days for answers – another step backwards in terms of media freedom.

The government says both decisions will be revoked once the state of the emergency, imposed on March 11, is lifted.

But rights groups and the opposition now fear a repeat of events in 2015. In that year, the Orban government introduced controversial “crisis” measures to stop an influx of migrants that are still in force today – despite the dramatic decline in the number of migrants and refugees coming to Hungary since then.

‘Crisis’ measures that risk becoming permanent


Attila Peterfalvi. Photo: Wikimedia commons/BudayLilla 

The government restricted data protection rights as stipulated by the GDPR and the Act on Freedom of information on May 4.

It imposed a state of emergency on 11 March and extended it indefinitely on March 31.

Under the state of emergency, the government has the authority to govern through decrees, while parliament is suspended.

The latest changes come after several international reports highlighted serious declines in the quality of Hungarian democracy and press freedom.

The Nations in Transit report, issued in May by the watchdog organisation Freedom House, notably ranked Hungary as the only non-democracy in the whole of the EU.

“Hungary’s decline has been the most precipitous ever tracked in Nations in Transit; it was one of the three democratic frontrunners as of 2005, but in 2020 it became the first country to descend by two regime categories and leave the group of democracies entirely,” the report said.

The Press Freedom Index released by the watchdog organisation Reporters Without Borders ranked Hungary in the lowest place for press freedom in the EU.

It said access to information was becoming ever more difficult for independent journalists, who are now banned from freely putting questions to politicians or from attending many events.

Now, not only do Hungarian institutions have 90 days instead of 30 to answer an FOI request, – triple the previous length – but requests related to privacy will remain unanswered until the state of emergency is lifted.

This may mean journalists waiting three months to get access to vital information. And, with so many things happening fast during the state of emergency, the risk is that the information will become irrelevant or outdated.

The government justified the much longer deadline to answer FOI requests by claiming that keeping to the 15-day deadline could “endanger the fulfilment of the [relevant institution’s] public tasks in relation to the emergency”, so the decree says.

When it comes to the suspended GDPR articles, they include: the right of access by the data subject; the right to erasure (the “right to be forgotten”); the right to restriction of processing; for information to be provided when personal data are collected from the data subject, or information to be provided when personal data have not been obtained from the data subject.

Important information on the way the authorities obtain personal data, its purpose, and how it is processed, protected, or shared with other authorities, will now only become available when the state of emergency ends.

The authorities insist concern about these changes is needless. In response to a query from BIRN, Attila Peterfalvi, chair of the National Authority for Data Protection and Freedom of Information, said the decree applies only to requests for data in relation to the battle against the coronavirus, and that the data controller will also have to prove why they wish to apply the special regulation.

Peterfalvi noted also that GDPR gives participating states the right to restrict its provisions. The decree doesn’t actually take away any rights, or the right to remedy, but only delays their execution until the end of the state of emergency, he stressed.

Officials also point out that they will lift the state of emergency when it is no longer needed.

But opposition politicians and rights groups are not persuaded. They recall that the “crisis” measures imposed to stop illegal migration in 2015 were prolonged again and again – and still remain effective – long after the number of migrants attempting to cross Hungary decreased drastically.

Worryingly broad legislation


Illustration. Photo : EPA-EFE/Zoltan Balogh

The 30-day GDPR deadline to answer COVID-19-related data subject requests will resume once the state of emergency ends. This means that, until then, if someone submits a request related to COVID-19, or lodges an objection against the processing of his personal data related to COVID-19, the data controller is not required to take any steps to erase the data, rectify the data, or restrict its processing.

Furthermore, the legislation does not define the exact categories of personal data or the type of data controllers that fall under it.

As a result, any data controller taking part in the fight against COVID-19, or processing COVID-19-related personal data, can interpret the new legal provisions widely and broaden its restrictions to apply to as much personal data as possible.

Ádam Remport, data protection expert at the Hungarian Civil Liberties Union, an NGO, told BIRN that he believes the decree suspends fundamental rights, which the GDPR does not allow for.

The wording of the decree is too general and its reasoning too weak, he adds.

Remport said the GDPR is very strict about when member countries can suspend its application.

He notes that the GDPR says a restriction may only be imposed if it “respects the essence of the fundamental rights and freedoms”, and if this restriction “is a necessary and proportionate measure in a democratic society”.

Remport says the total suspension of certain rights does not fit into this category. He adds that while the decree indicates the purpose of the legislation, all the other reasoning is missing.

“The decree should list explicitly to which data and data controller it applies. It should at least justify why there is no such list,” he said.

In its current form, he added, the decree is too wide-ranging and can be applied to anything, from healthcare to the economy.

The GDPR also demands the right to an effective remedy, a right which cannot be suspended, he said. “According to the European Convention on Human Rights, and the GDPR, a remedy is real if it provides an effective judicial remedy.

“The wording of the decree doesn’t contradict this directly, as in theory one can still appeal. But until the state of emergency ends, nobody can go to court,” he pointed out.

“Nobody knows when the emergency will end, so we can’t call this an effective remedy; it is not a real remedy,” he concluded.

FOI rights undermined for years


Illustration. Photo: Pxfuel

As state communication become more centralized in Hungary – and effectively censored during the COVID-19 emergency, according to one NGO report, FOI requests have become ever more important as tools for journalists to extract relevant information about state operations.

Miklos Ligeti, legal director of Transparency International Hungary, told BIRN that the government in Budapest has been undermining this right for years.

“The Hungarian government has continuously restricted access to public data since 2013. From this point of view, the new decree is not a novelty,” he said.

The only guaranteed way to gain access to public data was via the courts, Ligeti added. “Now the time one has to wait before going to court has been prolonged,” he continued.

According to Transparency International, the decree goes against the constitution, as the right to freedom of information it refers to implies fast and timely access – while waiting months for an answer is anything but.

Since 2013, according to the government, FOI requests can be rejected if they are too “comprehensive”, as over-detailed questions are deemed a “misuse” of FIOA rights.

To decide what question is too detailed is, again, up to the data owner. The next restriction, which followed in 2015, allowed data owners to bill the information requester for “reimbursement of expenses”, if replying to the request involves “a disproportionate amount of work” for the relevant institution.

Tamas Bodoky, founder and editor-in-chief of Átlátszó, an investigative portal, told BIRN that the new moves were yet another attempt to restrict the FOI law.

“This is the third time the Orbán government is restricting FOI. This tendency, and the suspension of the GDPR Articles are the real concern – not that we might have to wait longer to get information,” Bodoky said.

Bodoky notes that if institutions demand reimbursement for work, “it is usually around 5,000 to -20,000 forints [14 to 60 euros]. To pay this money is not a problem for a lawyer or an editorial. But the intention behind this is to prevent citizens from using this tool to control power”.

His investigative portal has developed a tool through which users can send FOI requests to any public body.

According to him, data owners rarely demand “unreasonable” sums of money for reimbursement. If they do, or the info request is denied, “one can go to court. But that takes time and costs money, and people cannot afford it”.

Fortunately, he adds, judges usually favour making data public. But sometimes, despite a court judgment, data owners still withhold the data. “In that case, we remain without means, as public prosecutors will do nothing to enforce the verdict,” Bodoky warned.

Átlátszó uses FOI requests a lot for its investigations, and has faced various other methods by which state institutions hide information.

“Once the cabinet office of the Prime Minister sent us documents that were photocopied so many times – or maybe digitally blurred – that they were barely readable,” Bodoky recalled. “This shows clearly what the Hungarian government thinks about freedom of information,” he adds.

Miklós Ligeti says the broad implications of the latest moves are more concerning than their exact detail.

“If we look at the big picture, we see that the lack of reliable data makes rational public conversation impossible,” he warned. “Once there is no information, citizens cannot make responsible political decisions,” he concluded.

Facebook Takes Axe to Pages Showing ‘Inauthentic Behaviour’

Facebook’s April 2020 Coordinated Inauthentic Behaviour Report, published on May 5, said a total of eight networks of accounts, Pages and Groups were removed in the last month for violating the social media giant’s policy against foreign and domestic interference. 

The report said that these influence operations were “coordinated efforts to manipulate public debate for a strategic goal where fake accounts are central to the operation”.

The media giant said it was working to stop coordinated inauthentic behaviour in the context of domestic and non-state campaigns as well as behaviours acting on behalf of a foreign or government actor.

Two of the removed networks, originating from Russia and Iran, were focused on international issues and were trying to interfere in Bosnia and Herzegovina, Hungary and Serbia, the report said.

As for Russia, Facebook removed 46 Pages, 91 Facebook accounts, 2 Groups, and 1 Instagram account “for violating the policy against​ ​foreign interference​ which is​ ​coordinated inauthentic behaviour​ on behalf of a foreign entity”. 

It said this activity originated not only from Russia but from the Donbass region in eastern Ukraine and the Russian-annexed Crimean Peninsula. The people behind it posted in Russian, English, German, Spanish, French, Hungarian, Serbian, Georgian, Indonesian and Farsi, focusing on a wide range of regions around the world.

“The individuals behind this activity relied on a combination of authentic, duplicate and fake accounts – many of which had been previously detected and disabled by our automated systems. 

“They used fake accounts to post their content and manage Groups and Pages posing as independent news entities in the regions they targeted,” the report said, adding that the networks posted ​about geopolitical and local news including topics such as the military conflict in Ukraine, the Syrian civil war, the annexation of Crimea, NATO, US elections, and more recently the coronavirus pandemic​. ​

Facebook’s investigation linked the activity to people in Russia and Donbass as well as to two media organizations in Crimea, NewsFront and SouthFront. 

Following the report, SouthFront dismissed the claims that it offered misleading coverage concerning the coronavirus pandemic and said it does not operate from Crimea, calling it all “blatant lies”.

A total of $3,150 was spent for ads on Facebook and Instagram and was paid for primarily in US dollars, Russian rubles, and Euros, the report added.

Facebook also removed 118 Pages, 389 Facebook accounts, 27 Groups, and 6 Instagram accounts originating from Iran. 

This activity was focused on a wide range of countries globally, including Algeria, Bangladesh, Bosnia, Egypt, Ghana, Libya, Mauritania, Morocco, Nigeria, Senegal, Sierra Leone, Somalia, Sudan, Tanzania, Tunisia, the United States, Britain and Zimbabwe.

These accounts, the report said, “sometimes repurposed Iranian state media content and posted primarily in Arabic, Bengali, Bosnian, and English about geopolitical and local news relevant to each region including topics like the civil war in Syria, the Arab Spring protests, the tensions between Libya and Turkey, criticism of Saudi involvement in the Middle East and Africa, Al Qaeda’s actions in Africa, the Occupy movement in the US, criticism of US policies in the Middle East and the 2012 US elections.”

As for the people behind the coordinated activity, the Facebook investigation found links to the state Iranian Broadcasting Corporation. 

The remaining six networks of accounts, Pages and Groups​ that were also taken down were based in the US, Georgia, Myanmar and Mauritania, and were targeting domestic audiences in their home countries. 

In total, Facebook removed 732 accounts, 793 Pages, 200 groups and 162 Instagram accounts. The report said they were also sharing misinformation about the COVID-19 pandemic.

“All of the networks we took down … in April were created before the COVID-19 pandemic began, however, we’ve seen people behind these campaigns opportunistically use coronavirus-related posts among many other topics to build an audience and drive people to their Pages or off-platform sites. 

“The majority of the networks we took down this month were still trying to grow their audience, or had a large portion of engagement on their Pages generated by their own accounts,” the report noted.

COVID-19 Worsening Environment for Media Freedom, Report Warns

Journalists across Eastern Europe, the Balkans but, increasingly also in Western Europe, faced a new level of threats, harassment and risk of imprisonment during 2019, according to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, in a report presented on Wednesday by 14 organisations partnered in the platform.

The report, “Attacks on media in Europe Must Not Become the New Normal”, states that about 140 alerts were filed with the platform during 2019, including 103 from Turkey, 21 from Serbia and 11 from Albania.

A disputed media law in Albania proposed by Prime Minister Edi Rama last year, the closure of the last remaining critical TV shows and the harassment of journalists by pro-government media resulted in Albania getting a separate chapter in the report, meaning also that Albania was added to the list of countries of special concern.

Sarah Clarke, from Article 19, said the report noted SLAPP cases as a major concern. These Strategic Litigations Against Public Participation are lawsuits against journalists or activists in which plaintiffs use their financial power to drag critics into lengthy court processes that then encourage others in the media to practise self-censorship.

“There has been an elevated threat from the political level and juridical harassment against journalists. We included SLAPPS as a concern for the first time,” Clarke said.

Meanwhile, the new coronavirus pandemic has caused a whole new set of concerns, said Scott Griffen, from the International Press Institute. He said there had been a systemic attempt by several governments to control the narrative of the pandemic, referring to Hungary and other states.

“Hungary has criminalized the distribution of ‘distorted facts’”, Griffen said, adding that this could amount to a “criminalization of journalism”. Turkey, Azerbaijan and Serbia have also seen arrests for reports on the spread of the new coronavirus that annoyed the authorities.

Ricardo Gutierrez, General Secretary of European Federation of Journalists, said the collapse of advertising revenues in the media across Europe due to COVID-19 had left thousands of journalists unemployed and left tens of thousands of freelancers without any real income. “COVID-19 is causing a global collapse of press freedom,” Gutierrez warned.

William Horsley, from the Association of European Journalists, said media ownership was another worrying issue. Standards were deteriorating across the continent, he said, urging EU member states to “be particularly strict over its standards”.

“There is an increasing shift of media ownership toward governments and governments partners, the so-called oligarchs,” Horsley noted.

Bulgaria was singled out as a country where the media has been captured by oligarchs. “A major share of the country’s newspaper distribution business is under the control of a single conglomerate, owned by a politician. Independent journalists and media outlets are regularly subject to intimidation in person and online,” the report noted. Meanwhile, out of 135 journalists currently jailed or under detention, 91 of these are in Turkey.

Hungary Censoring Information on COVID-19, Report Says

The Hungarian government has centralized communications about the pandemic and is filtering the release of information about COVID-19, a new report claims. 

It says alternative sources of information, especially healthcare workers, are afraid of being fired if they talk to the press, and that the new “Coronavirus bill” will lead to more self-censorship among journalists. 

These are the main conclusions of a report compiled by the Hungarian Civil Liberties Union, HCLU.

It surveyed editors and journalists of 19 independent media outlets on their experiences of how the government and other state institutions handled information about the COVID-19 outbreak in the first month of the crisis.

The main body handling the pandemic in Hungary is the so-called Operational Group, OG, it notes, which holds a daily press conference. 

Hospitals, ministries, professional organizations and other state institutions are not allowed to talk to the press about the pandemic, and all questions related to it must be submitted to this body. 

Moreover, only a few weeks after the outbreak started, the OG moved its press conferences online, so that journalists can now only email questions, making it impossible to re-submit unanswered questions. 

Also, questions chosen for answering are highly selected, certain outlets are neglected and many sensitive questions remain unanswered, according to the report.

While local municipalities have become more open to the press about the outbreak, mayors also suffer from a lack of information, the report says. 

According to the surveyed journalists, alternative sources of information have become scarce. “Even if anonymity is guaranteed, nobody dares to speak to journalists, as they are afraid of retaliation. Healthcare workers are the most intimidated, while their voice is missed the most, to know the reality,” the HCLU report says.

The report quotes one journalist who said a physician friend told him: “Don’t write this because I’ll be fired and you’ll go to jail.” They were referring to the new “Bill on protection against coronavirus” that Hungary’s parliament passed in March. 

The controversial bill allows Prime Minister Viktor Orbán’s government to rule by decree without any time limit. It also amends criminal law to introduce jail terms of one to five years for anyone convicted of spreading “falsehood” or “distorted truth” about the pandemic.

The HCLU says the new legislation effectively forces journalists to self-censor their work. 

“Due to the wording of the bill, it is very uncertain what could be proven in front of a court. Now, it seems, a trustworthy source will be not enough; we’ll need to present every piece of evidence. We are vulnerable to the judges’ goodwill,” it quotes one journalist as saying. Another added that, owing to the lack of non-government sources, they have few chances to check incoming information.

Last, the report states, defamation of independent media outlets has become more regular in the state and pro-government media, which routinely call articles critical of the government “fake news”.

On March 15, according to the report, for example, when Zoltán Kovács, Secretary of State for International Communication, attended the daily press conference, instead of answering a question about Hungary’s testing protocol, he rebuked the journalists in a condescending and humiliating way. 

The HCLU report says the newspaper Magyar Hang’s articles are constantly labeled “fake news” in the public media, after it published an internal letter from the vice-president of the Hungarian National Blood Transfusion Service asking co-workers not to wear protective masks.

 “The scope of such reports is clearly the public defamation and discrediting of independent media outlets,” the HCLU said.

Hungarian Coronavirus Bill Will Have “Chilling Effect” on Media

Rights groups warn that legislation submitted to the Hungarian parliament, giving the government of Viktor Orban unprecedented power of decree in the fight against COVID-19, would have a “chilling effect” on independent media in the country.

The ‘Bill on Protection against Coronavirus’ was submitted by Orban’s government with the justification that it must be free to act without consulting parliament to confront a virus that has so far, officially, infected at least 261 people in Hungary.

The bill submitted last week amends rules under a state of emergency to give the government the power to rule by decree and suspend any existing law. It would permanently amend the criminal law to introduce punishment of one to five years in prison for anyone convicted of spreading “falsehood” or “distorted truth” deemed to obstruct efforts to combat the pandemic.

No elections or referenda can be held for the duration of the state of emergency and only the government or a two-thirds majority in parliament can lift it. Orban’s right-wing Fidesz party holds such a supermajority.

The Hungarian Civil Liberties Union, HCLU, an NGO, warned of a devastating effect on Hungarian media after years of Fidesz rule during which right groups say the government has dismantled media freedoms and pluralism.  

“Once the legislation enters into force, it could have a chilling effect, and its timing and social context could lead to self-censorship among journalists,” the group said.

The way the bill is worded means someone could be prosecuted for ‘obstructing’ any number of government measures – from healthcare to education, border control and the economy – justified by the fight against COVID-19.

HCLU cautioned in particular that the term ‘distorted’ could be interpreted in a range of ways by the courts and “could be applicable even to someone who disputes the credibility of official statements.” Entire outlets face being shut down if police seize servers as evidence.

‘Dictatorial powers’

Media pluralism has been in decline for years in Hungary, with pro-government outlets now dominating the media landscape.

“Orban’s terrible track record on press freedom creates the suspicion that the law is aimed at the last remnants of an independent press in Hungary,” Kim Lane Scheppele, an expert on authoritarian regimes at Princeton University, wrote on March 21.

The bill would give Orban “dictatorial powers”, she wrote, and “end the appearance of constitutional and democratic government.”

On Monday, the opposition in parliament blocked a government move to pass the bill in an urgent procedure, but Fidesz is expected to push it through next week using its two-thirds supermajority.

A spokesman for the European Commission declined to comment on the bill directly, but noted that “all emergency measures should be temporary in nature and address a particular crisis situation.”

“Democracy cannot work without free and independent media,” said the spokesman, Christian Wigand. “In times of crisis it is more important than ever that journalists can do their job properly, precisely so to avoid disinformation.”

The European Parliament also expressed concern.

Any extraordinary measures during a pandemic “should always ensure that fundamental rights, rule of law and democratic principles are protected,” Juan Fernando López Aguilar, chair of the parliament’s Civil Liberties Committee, said in a statement.

Aguilar called on the Commission to look at whether the bill “complies with the values enshrined in Article 2 of the Treaty on European Union and to remind member states of their responsibility to respect and protect these common values.”

In a letter to Orban, Council of Europe Secretary General Marija Pejcinovic Buric said that an indefinite and uncontrolled state of emergency “cannot guarantee that the basic principles of democracy will be observed and that the emergency measures restricting fundamental human rights are strictly proportionate to the threat which they are supposed to counter.”

“…democratic debate in national parliaments, in the media and the internet, as well as access to official information and documents are essential elements of any free and democratic order and of particular importance in crisis situations to maintain trust and confidence within society,” she wrote.

Data Collection of Hotel Guests in Hungary Causes Concern

From the beginning of the year, data on all hotel guests staying in Hungary has gone into a central database, drawing concerns from the National Authority for Data Protection and human rights groups about its use and storage. 

The Hungarian Tourism Agency, the MTU, insists that collection of the data is the responsibility of accommodation owners. But many say they are suffering as a result.

“Many of our guests are reluctant to hand over their passports with all their personal data. Despite my telling them that this is a legal obligation, they leave with a bad experience. So they give us bad ratings on booking sites, which depresses our turnover,” a man who runs a small accommodation centre in Budapest told the Magyar Narancs weekly. 

The latest innovation of the government in tourism, the National Tourism Data Supply Centre, NTAK, was launched in mid-2019 and has been fully effective since January 1, 2020. 

The basic idea is to help to develop a tourism strategy and reduce the number of accommodations centres that do not operate in a completely legal way. All those offering accommodation, from big hotels to small Airbnbs, have to report their data on a daily basis. 

Data on income, rooms, reservations and all guests have to be submitted to NTAK. Hotels can use their own software to communicate with it. Smaller service providers use the web-based Az Én Vendégszobám (My Guestroom) system, offered by the MTU free of charge.

While the collection of financial data is widely welcomed in the sector due to the large number of illegal or half-legal guestroom lettings, the collection of personal data raises more questions. 

The programme collects the names of guests, their citizenship, date and place of birth, sex, mother’s name, number of travel documents, zip code and country of residence. There is a possibility of storing emails and phone numbers as well. It is not clear, however, exactly what kind of data is stored and who can access it. While hotels and Airbnb in many countries gather personal data of their guests, it is unusual to have one central database run by the state.

The MTU says the personal data is stored and handled only by the accommodation providers, not by them. However, according to the description of the NTAK, the system stores personal data in encrypted form. In addition, the software offered by MTU is web-based and stores all the data in the central server.

The current law does not specify what data the tourism agency is allowed to collect and states that the MTU can store personal data but not access it.

New legislation will be effective only from September. That will settle many questions, like specifying what data the agency can collect, what has to be encrypted, and more. But the legislation that comes into force in September also allows the police to search the data stored in the data-centre. Also, the agency is sending the data on all third-country guests to the National Directorate General for Aliens Policing. If the personal data was really encrypted, this would be impossible. Magyar Narancs sent several questions to MTÜ before publication, but its reply was only a statement without concrete answers to the queries.

Ádám Ramport, from the Hungarian Civil Liberties Union, HCLU, a human rights NGO, argues this could be seen as a pooling data gathering, which is unconstitutional. 

The National Authority for Data Protection also wrote in a statement that the need for this data collection is not well reasoned. It questioned why the Aliens Policing department is allowed to keep the submitted data for five years. The practice is “a further restriction of … the right to the protection of personal data”, the authority summarized.

Hungarian Editors Need Permission to Report on ‘Sensitive’ Topics

The Brussels-based website Politico has obtained several internal emails that confirm the long-suspected growth of censorship in Hungary’s state media. 

State-owned outlets have a big role in the Hungarian media, as they include several TV and radio stations and MTI, the only Hungarian news agency.

According to the leaked emails, state media bosses need special permission from “higher above” to report on topics like Greta Thunberg, the teenage Swedish climate activist. 

Reports on several other “sensitive” topics, such as migration, European terrorism, Brussels, church issues and on parliamentary, presidential and local elections in the “EU+” (member states and neighboring countries) also need to be sent for final approval. 

Journalists in the state media don’t know who makes the final decisions on the articles whose subject matter is on the list, Politico says.

The emails obtained by the outlet date from the second half of October 2019 and are signed by senior editors of the state media. One of them is Sándor Végh. 

The emails appear to focus on news coverage. Emails also confirm that several topics were banned explicitly from mention in the Hungarian state media – as it was reported previously by Népszava, a Hungarian daily. 

Journalists are not allowed to report on Amnesty International and Human Rights Watch, NGOs that are critical of the Hungarian government’s politics, especially its hostile policies on refugees and migrants.

It also turned out that reporting on Thunberg is not always allowed. An email that ordered staffers to ask permission to report on her was sent on August 14, when the activist started her trip to New York to speak at the United Nations. Hungarian state media did not publish anything about Thunberg’s trip.

The World Press Freedom Index compiled by the media watchdog Reporters Without Borders classifies Hungary’s media as only “partly free”. The country is now ranked in 87th place, and the pressure on the free press is clearly getting stronger. Last year Hungary was 73rd on the list, while in 2010, when the current government gained power, it ranked in 23rd place.

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