Hungary’s legal challenge: A clash between EMFA and state-controlled media
Photo:Anna Szilagyi/Human Rights Watch “I can’t do my job as a journalist” The Systematic Undermining of Media Freedom in Hungary (source)
Tanya Singh – LLM in Intellectual Property Law (2024-2025) – University of Edinburgh
According to Politico “Hungary has launched a legal battle against the EU’s new media law. The government claims protecting national sovereignty, but critics argue it’s a desperate attempt to maintain control over the press. As the case heads to the Court of Justice of the European Union (CJEU), the questions arise about whether the EMFA (European Media Freedom Act) can effectively address media control issues or if it falls short?”
A Troubled Media landscape in Hungary
Over the past few years, media freedom in Hungary has been significantly eroded, marked by increased control from the government and private entities.
Graph: Staista/Press freedom index in Hungary from 2013 to 2024 (source)
The graph represents the deterioration of Press freedom in Hungary over the past 10 years.
“Hungary now ranks 85th in the RSF press freedom index while ten years ago it ranked 40th – this deterioration of press freedom is attributed to the systematic deterioration of the rule of law and a shift towards authoritarianism led by Prime Minister Viktor Orbán who won the 4th consecutive term as Hungary’s Prime Minister in April 2022”.
Politically influenced media
Since returning to power in 2010, Prime Minister Viktor Orbán has not stopped suppressing media pluralism and independence. Public broadcasting was turned into a propaganda machine and several media outlets were taken over or shut. Following the buyout of media outlets by oligarchs with close ties to Fidesz, the ruling party controls 80% of the media of the country’s media. Independent media are mostly subject to political and regulatory pressures. The erosion of media freedom and pluralism in Hungary breaches legally binding EU and Council of Europe standards that safeguard freedom of expression, access to information and an independent press. It also diminishes the democratic principles outlined in Article 2 of the Treaty on European Union1, which upholds the EU’s commitment to democracy, human rights, and the rule of law.
Enter the European Media Freedom Act
The European media freedom act is a legislative initiative introduced by the European Union to protect media independence, pluralism and transparency across EU member states. Adopted as regulation (EU) 2024/1083), the act aims to prevent political interference in editorial decisions, increase transparency in media ownership and safeguard journalists from intimidation and surveillance. One of its key provisions is the creation of the European board for media services, which could monitor media freedom across the EU and ensure compliance with common standards. The Act imposes restrictions on excessive media concentration2, requiring greater disclosure of ownership structures to prevent governments or private entities from dominating national media landscapes. The act also aims at safeguarding independent public service media by keeping a check on those states where public service media exist, and their funding is adequate and stable, in order to ensure editorial independence. In essence, the EMFA is designed to create a level playing field across the EU, where media independence is not sacrificed at the altar of national interests or political control.
Hungary’s legal challenge: what’s at stake?
Despite the EMFA’s clear objectives, Hungary has formally challenged several provisions of the EU Media Freedom Act (EMFA) before the Court of Justice of the European Union (CJEU). Hungary argues that the EMFA violates national sovereignty and lacks a proper legal basis. According to Article 114 TFEU, it violates key EU principles. In the case, Hungary v. European Parliament and Council of the EU, Hungary seeks complete annulment of several provisions of the EMFA. The government claims that regulating media services falls under national, not EU, jurisdiction.
The legal challenge targets multiple articles that Hungary argues overstep the EU’s mandate.3 Hungary’s legal challenge focuses particularly on provisions related to editorial independence and ownership transparency, both of which directly conflict with the structure of Hungary’s current media state.
Provisions Hungary is challenging vs. Hungary’s media landscape and its stance
“While the EMFA makes significant strides in establishing protections for editorial independence and media ownership transparency, Hungary’s media state capture is ultimately at the whim of the national government and fundamentally irreversible from the EU level” – EU commissioner Věra Jourová at the Prague summit 2024
However, the Hungarian government argues that media ownership regulation is a national issue, and EU should not dictate media business models.
Why the EMFA might not change Hungary’s media landscape
Despite the EU’s best efforts, many experts believe that the EMFA may have limited practical impact in Hungary. The country’s media system is deeply entrenched in a model that resists external reform, even with the introduction of new transparency rules and protections for editorial independence, and the longstanding dominance of pro-government media is not likely to be changed overnight. While the EU has taken steps to safeguard media pluralism, in Hungary’s case the response is maybe too little or too late. The legalistic and intricate implementation of the Hungarian Media Authority will continue to remain unaffected by the EMFA.
Looking ahead: what does the future hold?
As the case moves through the Court of Justice of the European Union, the outcome could have far-reaching implications. A ruling in favour of Hungary may make other member states challenge EU regulations, like Italy where the media market is heavily concentrated. However, an outcome in favour of the EMFA could reinforce the EU’s commitment to media pluralism and set a precedent for how far the rules can go in regulating national media landscapes
Regardless of the outcome, the legal battle over the EMFA highlights a critical issue: the need to balance robust, independent media systems with respect for national diversity. In an era where information is a key battleground for political influence, ensuring that the media remains free and diverse is more important than ever.
- Treaty on European Union, Article 2
- The European Media Freedom Act (EMFA) – Regulation (EU) 2024/1083, articles 21-23
- (Case C-486/24)(C/2024/5088),10 July 2024 – Hungary v European Parliament and Council of the European Union