MEPs concerned about Hungarian digital authority’s lack of independence

Members of the European Parliament have expressed their concerns about the independence of Hungary’s appointed authority to enforce the EU’s brand-new content moderation rulebook in a letter sent this week. 

The Digital Services Act (DSA), which will enter into force on 17 February 2024, is a horizontal legislation regulating how online actors should deal with illegal and harmful content. To do this, each EU member state has to appoint a national Digital Services Coordinator (DSC) to enforce the law.

For Hungary, this will be the National Media and Infocommunications Authority (NMHH) which is expected to be up and running as of 17 February.

According to 36 MEPs who sent the letter, seen by Euractiv, to Executive Vice-President of the European Commission Margrethe Vestager and European Commissioner for Internal Market Thierry Breton, the appointment of NMHH as national coordinator could breach “the independence requirements as stated by the Regulation”.

“The Hungarian government would entrust the control of online platforms and digital services to the NMHH, one of the main backbones of government propaganda. This poses further threats to the remaining freedom of publicity in Hungary, which is why we are appealing to the Commission,” Hungarian MEP Anna Donáth, one of the letter’s signatories, told Népszava, who first reported the news.

“Our expectation is that the Commission enforces the European law and makes sure that the NMHH is actually an independent authority”, she told Euractiv.

The letter emphasises that, when carrying out tasks, authorities should “act with complete independence” and “remain free from any external influence, whether direct or indirect and shall neither seek nor take instructions from any other public authority or any private party”. This also includes independence from “private and public bodies, without the obligation or possibility to seek or receive instructions, including from the government”.

The independence of the Digital Services Coordinator is enshrined in the DSA as this authority will be responsible for managing complaints related to content moderation on social media, which is indeed a delicate task regarding freedom of expression.

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The MEPs mentioned in their letter the lack of independence of the Media Council (Médiatanács), Hungary’s media regulator and part of the NMHH. They referred to findings by the Council of Europe and civil society organisations.

The lawmakers also expressed concern about the Media Council’s leadership remaining the same despite the previous concerns expressed by the European Parliament in 2011 “of a clear risk of a serious breach by Hungary of the values on which the Union is founded”.

The MEPs also noted that  “on 15 July 2022, the European Commission decided to refer the Hungarian government” to the Court of Justice of the European Union “for breaching EU telecommunications rules with the Hungarian Media Council’s decision on highly questionable grounds to reject Klubrádió’s application for the use of radio spectrum”.

Klubrádió is a Hungarian news radio station forced to move online following the Media Council’s decision, saying it violated the provisions of Hungary’s media law.

Donáth turned to the Commission in 2019 “to investigate whether Fidesz [Hungarian Prime Minister Viktor Orbán’s party] had unfairly filled the Media Council with its own people”, as mentioned in one of her Facebook posts.

The letter also contains questions for the Commission about whether the NMHH complies with the independence requirements, if not, what actions will be taken, whether the Commission is “considering signing an agreement as a sign of acceptance with the Media Council for the enforcement of the DSA”, and what actions will be taken to ensure that DSCs will “act with complete independence and remain free from any external influence”.

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When asked about the letter, a Commission spokesperson confirmed to Euractiv that the Commission has received it, “will analyse it and reply in due course”.

The spokesperson also noted, “The Commission is always competent to open an infringement proceeding where it deems that Member States are failing to comply with EU law”.

However, a recent study shows that the Commission has opened fewer and fewer infringement proceedings against member states.

The Commission’s monitoring

MEPs also pointed out that the nomination of DSCs has to be closely monitored by the Commission to make sure that “they adhere to the DSA’s requirements and principles”. They also should “provide guidance and support” to member states to help with “the nomination process and address any potential challenges”, the letter reads.

Moreover, the Commission will have to “closely cooperate” with the DSCs to ensure that the DSA will be efficiently enforced. The letter mentions that in October 2023, the Commission services “started signing administrative arrangements with the national regulators and prospective DSCs to ensure effective coordination on the DSA”.

“The first agreements already have been signed with several Member State authorities”, the document adds.

“Ensuring the fundamental rights of EU citizens in safer digital spaces is a key objective of the DSA, and we hope you will swiftly investigate into this matter”, the letter concludes.

Even though the deadline for the DSA’s enforcement is approaching, only Hungary, Italy, and Spain appointed its coordinators so far. As Euractiv reported, Germany, for example, will likely miss the deadline.

Euractiv reached out to the NMHH for comment but did not get a response by the time of publication.

[Edited by Luca Bertuzzi/Alice Taylor]

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