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1
Act CLXXXV of 2010ON MEDIA SERVICES AND MASS MEDIA
*
 
Parliament, upon recognition of the interests of the community and the individual,with a view to the promotion of the integrity of society and with a view to fortifying theappropriate functioning of democracy and the national and cultural identity, uponrespecting the Constitution, the constitutional principles, and the norms of internationallaw and the European Union, by taking into consideration the circumstances ensuingfrom technological development, by preserving the freedom of expression and the press,by recognizing the prominent cultural, social and economic importance of media servicesand the importance of ensuring competition on the media market, has adopted thefollowing Act on media services and mass media:
PART IGENERAL PROVISIONSC
HAPTER
IS
COPE OF THE
A
CT
 Article 1
(1) The Act shall apply to the media services provided by and the media productspublished by media content providers established in the Republic of Hungary.(2) Under this Act the media content provider shall qualify as a media contentprovider established within the territory of the Republic of Hungary if:a) the distribution of the media service provided by it is carried out on a frequencyowned by the Republic of Hungary or the media product is accessible through anelectronic communications identifier designated primarily for the users of the Republic of Hungary;b) its place of central management is located within the territory of the Republicof Hungary and the editorial decisions concerning the media services and the mediaproduct are made within the territory of the Republic of Hungary;c) of the place of central management or the place where the editorial decisionsare made only one is located within the territory of the Republic of Hungary, but a
* Parliament adopted the Act at its 20 December 2010 session.
 
2significant part of the workforce of the media content provider is employed within theterritory of the Republic of Hungary;d) the significant part of the workforce of the media content provider is employedwithin the territory of the Republic of Hungary and another country as well, but the placeof central management is located within the territory of the Republic of Hungary; ore) of the place of central management or the place where editorial decisions aremade only one is located within the territory of Republic of Hungary, but the mediacontent provider commenced its activities within the territory of the Republic of Hungaryand has a genuine and continuous connection with the Hungarian economy.(3) The Act shall also apply to media services provided by a media contentprovider which does not qualify as a media content provider established in Hungarybased on paragraphs (1) and (2) and which does not qualify as a media content providerestablished in another Member State either, if it uses a satellite up-link situated within theterritory of the Republic of Hungary, or it uses the satellite capacity appertaining to theRepublic of Hungary.(4) If, based on paragraphs (1) to (3) it cannot be established whether the mediacontent provider falls within the jurisdiction of the Republic of Hungary or anotherMember State, the media content provider shall fall within the jurisdiction of the MemberState in which it qualifies as established within the meaning of Articles 49 to 55 of theTreaty on the Functioning of the European Union.(5) The Act shall apply to media services and media products which do not fallwithin paragraphs (1) to (4) but are aimed at the territory of the Republic of Hungary orare disseminated or published within the territory of the Republic of Hungary with theconditions stipulated in Articles 176 to 180.(6) The Act shall apply to the media services and media products which are aimedat the territory of the Republic of Hungary or which are disseminated or published withinthe territory of the Republic of Hungary by a media content provider, which does notqualify as established in any Member State and to the media service or media productover which no Member State has jurisdiction.(7) The Act shall apply to the media content provider providing media services orpublishing media products falling within the scope of the Act in accordance withparagraphs (1) to (6).
Article 2
(1) In certain instances stipulated herein, this Act shall apply to ancillary mediaservices related to broadcasting services provided within the territory of the Republic of Hungary and to the provider of such services.
 
3(2) In certain instances stipulated herein, this Act shall apply toa) broadcasting carried out with an electronic communications device installedwithin the territory of the Republic of Hungary or transmitting to the territory of theRepublic of Hungary;b) the technical activities of the media service provider in connection with thebroadcasting stipulated in point (a);c) the activity of the provider of ancillary media services in connection with thebroadcasting stipulated in point (a).(3) In certain instances stipulated herein, this Act shall apply to natural or legalpersons or other organizations with no legal personality and the executive officers of such persons or entities carrying out the activities or providing the services stipulated inparagraph (2) or carrying out any activity or providing any service related thereto.(4) In certain instances stipulated herein, this Act shall apply to the intermediateservice provider carrying out the transmission of the media service or the media productand the services of such provider.(5) In certain instances stipulated herein, this Act shall apply to the viewers, thelisteners or the readers of the media services, ancillary media services and mediaproducts and the user, consumer and subscriber of the broadcasting service fallingwithin the scope of this Act.
C
HAPTER
IIF
UNDAMENTAL
P
RINCIPLES
 Article 3
Media services may be provided and media products may be published freely,information and opinions may be transmitted freely through the vehicles of mass media,and media services in Hungary and abroad intended for the general public may beaccessed freely in the Republic of Hungary. The content of the media service and themedia product may be determined freely, but the media service provider and thepublisher of media products owes responsibility to comply with the provisions of thisAct.
Article 4
The diversity of media services is of particularly important value. The protectionof diversity extends to avoiding the formation of ownership monopolies and any undue
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