Video Age International June/July 2016

TV Biz in Hungary, Poland 18 has signed controversial laws enabling the new conservative government to appoint the heads of publicTVandradio, aswell as civil servicedirectors. This in turn has led the European Commission to launchan inquiry into theallegedlyanti-democratic stance of the Polish government. Recently, Frans Timmermans, first vice-president of the E.C., said that themedia law“raises issues relating to freedom (of expression) and pluralism of the media.” The European Broadcasting Union, which represents public broadcasters in Europe, has also been critical. “The haste with which this new law has been rushed through parliament strikes a discordant note about Poland and its respect for the rule of law and the democratic process,” EBU director general Ingrid Deltenre wrote in a letter to President Duda. A controversy broke out last December when a number of journalists at TVP, Poland’s public TV channel, were fired by executives appointed by the Minister of Treasury. As a result of criticism, a new media law is in the works. “Now the responsibilities of the National Broadcasting Authority (NBA) — a constitutional body in charge of ensuring balanced information — will be altered,” explained Dorota Głowacka, a lawyer that Hungary’s public service broadcasting was controlled by a centralized system that made decisions without public scrutiny. However, just recently, andwithout fanfare, the Paris-based Reporters Without Borders released its 2016 “Press Freedom Index,” placing Hungary 67th on the world’s scale, well above Italy, which ranked 77th. Similarly, when Poland in 2015 followed Hungary with its version of media reforms, the E.U. was equally vociferous. However, Poland ranks 47th on the “freedom index,” just below the U.S., which sits at 41st place. Comparison with Italian press freedom is not limited to the Reporters’ index. Tóth Csaba, co- founder and director of strategy at the Budapest- based Republikon Institute, a liberal think tank, has been quoted as saying, “if there’s a comparison to be made, Hungary is probably closer to Italy under former Prime Minister Silvio Berlusconi than Vladimir Putin’s Russia.” The situation in Poland is “very similar to what the Orbán government did,” said Tamás Bodoky, editor-in-chief of Atlatszo, an independent investigative website based in Budapest. Poland is heading down the Hungarian path: a state media which functions as a mouthpiece for the government and a neutered private media controlled by a small number of wealthy businessmen with ties to the ruling party. In Poland, the concern is the impact of the state-run media on publications and broadcast stations owned by private companies, who could face commercial and political pressure to avoid criticizingthegovernment, as theyhave inHungary. However, Maciej Kisilowski, Assistant Professor of Law and Public Management at Central European University in Budapest, explained “comparison between the two countries is overstated. Since the conservative Fidesz Party in coalition with Jobbik — a far-right party — got 66 percent of the votes in 2014, prime minister Orbán felt he had a strong mandate to limit press freedom. The Polish Law and Justice party, having won just 37.5 percent of the vote, by contrast, has less legitimacy, which might make them feel insecure and prone to heavy-handed actions aimed at cementing their power.” Nonetheless, Polish president Andrzej Duda at the Helsinki Foundation for Human Rights. “NBA will continue to review media content and granting broadcast licenses, but it will not regulate public media.” As for advertising, according to the Minister of Treasury more public advertising money was spent on private rather than public TV stations between 2007 and 2015. However, “TVP received the vast majority of funds allocated to advertising. However, it is not clear under what criteria state-owned companies buy airtime, which may lead to an arbitrary selection of TV outlets,” Głowacka noted. The main competitor of TVP, the American- owned TVN channel, is very critical of the government in its news coverage; however, no measure has yet been taken against TVN, possibly because of the NATO summit scheduled this July in Warsaw. But after President Obama leaves office it might not hesitate to levying some special taxes or denying public advertising funds to TVN. Going back to Hungary, the new laws established a hierarchical media regulatory system under the control of an administrative body. All types of media are placed under a single regulatory system: the National Media and Infocommunications Authority, which has been criticized by European lawmakers and media analysts because of concerns over the independence of the Media Council, a five- member body within the Media Authority appointed for renewable nine-year terms. Critics complain that the appointment system gives the government de facto control over the Media Council, and has enabled Hungary’s ruling Fidesz party to use its majority in Parliament to appoint party loyalists to all five Media Council seats. The Hungarian Government claims the Media Council is a democratically elected body in keeping with European principles, and that media authorities with a much smaller degree of independence from [the] government are not uncommon in Europe. Hungary’s new media laws have made changes to the country’s public service media system. Each of Hungary’s public service media outlets — six TV networks, nine radio stations and one national news service — are now supervised by a single body headed by a chairperson appointed by the Media (Continued on Page 22) June/July 2016 V I D E O A G E (Continued from Cover) Hungarian media lawyer Gábor Polyák Maciej Kisilowski, professor at Central European University in Budapest Dorota Głowacka, lawyer at the Helsinki Foundation for Human Rights Critics complain that the appointment system gives the government de facto control over the Media Council, and has enabled Hungary’s ruling Fidesz party to use its majority in Parliament to appoint party loyalists to all five Media Council seats.