The International Press Institute (IPI) today expressed dismay over the decision by a court in Budapest to reject the appeal of independent radio broadcaster Klubr谩di贸 over its right to continue broadcasting, warning it signalled a crisis point for what remains of media pluralism in Hungary.
On February 9, 2021, the court with the government-controlled Hungarian Media Council and approved its decision to block the automatic extension of the talk and news station鈥檚 broadcast license for Budapest FM 92.9 MHz.
Earlier this week, the same court rejected Klubr谩di贸鈥檚 last-ditch request for an emergency license to remain on air until the appeal of a rival broadcaster over the frequency tender was resolved.
The two rulings resign Klubr谩di贸 to broadcasting solely from the internet after February 14 and cap the end of a decade-long campaign by the ruling Fidesz party led by Prime Minister Viktor Orb谩n to muzzle one of the country鈥檚 last remaining critical radio stations.
鈥淭oday鈥檚 verdict will force Hungary鈥檚 last major independent radio broadcaster off the air. It is devastating to what remains of media pluralism in Hungary and will have far reaching implications inside and outside the country鈥檚 borders鈥�, IPI Deputy Director Scott Griffen said. 鈥淢ake no mistake: This is the outcome of a deliberate, decade-long effort by political forces in Hungary to eradicate Klubr谩di贸 from the airwaves. The court has merely delivered the final blow.鈥�
鈥淥ver the last few years, the Fidesz-controlled Media Council and the government have one by one blocked off every remaining avenue for Klubr谩di贸 to remain on air when its renewal was rejected for politically motivated decisions. The result was that, when the time finally came for Klubr谩di贸鈥檚 license to be renewed, its fate was all but sealed.
鈥淭his multi-pronged effort to stack the deck against Klubr谩di贸 reflects the Hungarian government鈥檚 strategy of media and regulatory capture. State institutions have been filled with Fidesz loyalists and then abused to artificially distort the market and undermine independent media. This has occurred under the nose of the EU, which has failed to recognise the severity of the issue or take appropriate action. Article 7 proceedings have had little effect and competition complains over market distortion have yet to be responded to.
鈥淭he capture of media has severely weakened Hungarian democracy over the past decade. This model is now taking root beyond Hungary鈥檚 borders as governments from Poland to Slovenia seek to emulate it. This is a problem that the EU can no longer afford to ignore. This is not just a 鈥楬ungarian problem鈥�. These illiberal tactics are spreading, and they will undermine democracy and the rule of law throughout the EU.鈥�
Griffen reiterated the call made by IPI and its partners in the Media Freedom Rapid Response (MFRR) for the European Commission to immediately engage with the Hungarian government.
Another devastating blow for media pluralism in today.
The country’s leading independent radio station has lost its appeal in a court against the Fidesz-controlled media regulator over the renewal of its license
鈥� IPI – The Global Network for Press Freedom (@globalfreemedia)
The court case follows the decision by the regulator in September 2020 to 聽Klubr谩di贸鈥榮 license renewal on the grounds it had violated the media law by twice failing to provide information on its programming content. Klubr谩di贸 dismissed the justification as 鈥渁bsurd鈥� and took the decision to court.
After today鈥檚 ruling, Andras Arat贸, director of Klubr谩di贸, told media: “The decision, although expected, was a political one, shameful and cowardly鈥�. He said that the station would appeal the ruling to the Supreme Court.
Even if it had won the appeal, Klubr谩di贸 would still have been blocked from the airwaves due to the ongoing appeal of a rival broadcaster. When the Media Council rejected its application, the tender for Klubr谩di贸’s frequency 92.9 MHz was opened in October 2020 and two rival broadcasters applied.
Both were rejected by the Media Council. But one, LBK M茅diaszolg谩ltat贸 2020 Kft., which is owned by a pro-government lawyer, appealed, beginning a legal process that could take more than a year to resolve. During this time Klubr谩di贸 would have been trapped in legal limbo and been unable to broadcast.
Its only remaining refuge will now be the internet, where Klubr谩di贸 already broadcasts live on its website 24 hours a day. However, with many older listeners unlikely to make the switch online, the station could see its audience and influence plummet.
It will have to operate online until the rival broadcaster鈥檚 appeal is resolved. LBK M茅diaszolg谩ltat贸 can then also apply to the Supreme Court, extending the wait further. When its legal options are extended, the tender will then be opened again and Klubr谩di贸 will be able to bid. Currently, it is the only applicant which meets the criteria for broadcast on the frequency. Even then, the Media Council could again reject its fresh application on similarly trivial grounds.
This statement by IPI is part of the聽聽(MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.
