The Protection of Human Dignity in Hungarian Media Regulation

Abstract

Most European legal systems have to face issues connected to the protection of human dignity. It is very difficult to make decisions, in terms of legislation and the application of the law, when the freedom of the press and the protection of human dignity are in conflict. Most European countries protect human dignity in media regulations through the general protection of honor and good reputation and the prohibition of hate speech against communities. However, this is not the only possible way to go. Our question is therefore whether we can assign a meaning to the right to human dignity that is different from the provisions guaranteeing the general protection of privacy. Every time a piece of media legislation expressly names dignity, we must presume that its meaning is different from that of the content of the right to honor and good reputation, which are also named in most cases. In this way we have the chance to examine the aspects of differentiation between this content and the specific provisions. Hungarian media regulations and the jurisprudence enforcing them tries to assign an independent meaning to the protection of human dignity (and human rights in general) in the media ever since 1996. Although the Hungarian media acts passed in 2010 triggered a considerable and Europe-wide debate, the question is not new at all. In most respects it is independent of the new Hungarian regulations. Accordingly, the essay below does not provide a general evaluation or analysis of the Hungarian media regulations. Instead, it focuses on the partial problem specified in this introduction and intends to provide a summary of the Hungarian responses to this question.