The controversial Hungarian law

The Hungarian Republic has passed a new law that is causing outrage in the EU. Few people should know the exact content. But what is actually in this law, about half the world is angry?

1. Amendment to Act XXXI of 1997 on the protection of children and guardianship administration

Section 1

(1) In subtitle „The objectives and principles of the Act“ of Act XXXI of 1997 on the protection of children and guardianship administration (hereinafter “Gyvt.”), the following section 3/A shall be added:

“Section 3/A

In the child protection system, the State shall protect the right of children to a self-identity corresponding to their sex at birth.”

(2) In the Gyvt., the following section 6/A shall be added:

“Section 6/A

For ensuring the fulfilment of the objectives set out in this Act and the implementation of the rights of the child, it is forbidden to make accessible to persons who have not attained the age of eighteen years content that is pornographic or that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality.”

…

3. Amendment to Act XLVIII of 2008 on the basic conditions of and certain restrictions on economic advertising activities

Section 3

In section 8 of Act XLVIII of 2008 on the basic conditions of and certain restrictions on economic advertising activities, the following paragraph (1a) shall be added:

“(1a) It shall be forbidden to make accessible to persons who have not attained the age of eighteen years advertisement that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality.”

…

5. Amendment to Act CLXXXV of 2010 on media services and mass communication Section 9

(1) Section 9 (1) of Act CLXXXV of 2010 on media services and mass communication (hereinafter „Mttv.“) shall be replaced by the following provision:

„(1) With the exception of news programmes, political information programmes, sports programmes, programme previews, political advertisements, teleshopping, community facility advertisements, and public service announcements, media service providers offering linear media services shall classify all programmes they wish to broadcast into one of the categories under paragraphs (2) to (7).“

(2) Section 9 (6) of the Mttv. shall be replaced by the following provision:

„(6) Programmes shall be classified into category V if they are capable of exerting negative influence on the physical, mental or moral development of minors, in particular as a result of having as their central element violence, propagation or portrayal of divergence from selfidentity corresponding to sex at birth, sex change or homosexuality or direct, naturalistic or gratuitous depiction of sexuality. These programmes shall be rated as „not appropriate for audiences under the age of eighteen.“

(3) In section 32 of the Mttv., the following paragraph (4a) shall be added:

„(4a) Programmes shall not qualify as public service announcements and community facility advertisements if they are capable of exerting negative influence on the appropriate physical, mental or moral development of minors, in particular as a result of having as their central element gratuitous depiction of sexuality, pornography, propagation or portrayal of divergence from self-identity corresponding to sex at birth, sex change or homosexuality.“

(4) Section 168/A (1) of the Mttv. shall be replaced by the following provision:

„(1) Taking account of the experience of the previous year, the Media Council shall prepare an annual supervision plan by 1 December of the year preceding the year in question and publish it on its website within fifteen days. The Media Council shall prepare its annual supervision plan with particular attention to compliance with the provisions on the protection of children and minors. The Media Council ensure the consistency of supervision plans prepared by it. The plans may be reviewed on the basis of experience from the first half year at the end of the half year concerned; the plans may be amended by the Media Council if necessary. Amended supervision plans shall be published by the Media Council on its website within fifteen days of the amendment.“

(5) Section 179 (2) of the Mttv. shall be replaced by the following provision:

„(2) If problems are identified in connection with the provisions of paragraph (1), and if this Act or the provisions concerned of the Freedom of the Press Act are violated, the Media Council shall be obliged to request the Member State under the jurisdiction of which the media service provider specified in paragraph (1) falls to implement effective measures. In such a request, the Media Council shall request the Member State to take action for the elimination of violations specified by the Media Council.“

6. Amendment to Act CCXI of 2011 on the protection of families

Section 10

(1) Section 1 (1) of Act CCXI of 2011 on the protection of families (hereinafter „Csvt.”) shall be replaced by the following provision:

„(1) The State shall protect the institutions of family and marriage also due to their dignity and value in and of themselves, with particular regard to the relationship between parents and children, in which the mother is a woman and the father is man.“

(2) Section 1 (2) of the Csvt. shall be replaced by the following provision:

„(2) The protection of organised family relationships and the implementation of the right of children to a self-identity corresponding to their sex at birth shall play a key role in preserving their physical, mental and moral health.“

(3) In the Csvt., the following section 5/A shall be added:

„Section 5/A

For the protection of the objectives set out in this Act and of children, it shall be forbidden to make accessible to persons who have not attained the age of eighteen years content that is pornographic or that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality.“

7. Amendment to Act CXC of 2011 on national public upbringing

Section 11

(1) In section 9 of Act CXC of 2011 on national public upbringing (hereinafter „Nktv.“), the following paragraph (12) shall be added:

„(12) In the conduct of activities concerning sexual culture, sex, sexual orientation and sexual development, special attention shall be paid to the provisions of Article XVI (1) of the Fundamental Law. Such activities cannot be aimed at the propagation of divergence from selfidentity corresponding to sex at birth, sex change or homosexuality.“

(2) In subtitle 7 of the Nktv., the following section 9/A shall be added:

„Section 9/A

(1) A person or organisation other than an employee employed as a teacher by an educational and upbringing institution, a professional providing school health services in such an institution and a state organ party to a cooperation agreement concluded with such an institution may conduct an activity in class or organised otherwise for students relating to sexual culture, sex, sexual orientation, sexual development, the adverse effects of drug consumption, the dangers of the Internet, and any form of physical or mental health development (for the purposes of this section, hereinafter the „programme“) only if he is registered by the organ designated by law.

(2) Data in the register under paragraph (1) shall qualify as data accessible on public interest grounds that shall be published on the website of the organ designated by law to keep the register under paragraph (1).

(3) The register under paragraph (1) shall contain the following:

a) title of the programme,

b) contact data and

ba) name of a natural person programme owner or

bb) name and seat of an organisation programme owner,

c) specification of the type of public upbringing institution in which the programme is to be implemented,

d) date of registration and period (school year) during which the registered programme may be carried out in a public upbringing institution, and

e) topic of the programme.

(4) The organ designated to keep a register under paragraph (1) shall be authorised to process data in the register under paragraph (1) until the date of their deletion from the register.“

(3) In section 79 of the Nktv., the following paragraph (8) shall be added:

„(8) If the authority responsible for public upbringing tasks finds in the course of an investigation that an educational and upbringing institution violated the provisions of section 9/A (1), it shall initiate an infringement proceeding against the head of the institution and the person or member of the organisation under section 9/A (1) conducting the activity that is not registered in the register specified therein.“

(4) In section 94 (1) of the Nktv., the following point j) shall be added:

(Authorisation shall be given to the minister responsible for education to)

“j) designate the organ authorised to keep the register under section 9/A (1) and to determine the detailed conditions for registration and the detailed rules on keeping and publishing the register,”