Current and future Current and future regulatory challengesregulatory challenges

Sarajevo 2005Sarajevo 2005

Timár János - ORTTTimár János - ORTT

NNot to speak about:ot to speak about:- - the challenges of the digital areathe challenges of the digital area- - the future of public servicethe future of public service- - the platform neutral content the platform neutral content regulationregulation- - the protection of minorsthe protection of minors- - the independence of the regulatory the independence of the regulatory bodiesbodies- - etcetc..

To speak about:To speak about:

- - regulatory authority regulatory authority oror supervisory authoritysupervisory authority

- - co-regulation, selfco-regulation, self--regulation regulation andand

legallegal regulation regulation

In Hungary In Hungary the National Radio and the National Radio and Television Commission (ORTT) Television Commission (ORTT) by legal by legal

point of view is a point of view is a supervisorysupervisory authorityauthority, not a , not a regulatoryregulatory authority authority

The paragraph 41 in the media law The paragraph 41 in the media law enumerates the responsibilities of the enumerates the responsibilities of the

commission and there is only one point commission and there is only one point which speaks about a kind of which speaks about a kind of

regulatory functions: regulatory functions:

((ORTTORTT) ) „„shall prepare positions and shall prepare positions and proposals in respect of the theoretical proposals in respect of the theoretical

issues of the development of the issues of the development of the Hungarian broadcasting system ...Hungarian broadcasting system ...””

ORTT ORTT had a general standpointhad a general standpoint how to count how to count the coverage area of a concrete cable the coverage area of a concrete cable

networknetwork..

The Constitutional Court The Constitutional Court cancelledcancelled the the ORTT general decision, the standpoint how ORTT general decision, the standpoint how to count, because of the legal security and to count, because of the legal security and

the system of Hungarian legislationthe system of Hungarian legislation. .

FromFrom the Hungarian media system the Hungarian media system is missing the legal possibility of is missing the legal possibility of co-regulation.co-regulation.

TThe professional rules and the he professional rules and the legal rules are different and there legal rules are different and there

is no passage between them.is no passage between them.

Regulatory codes are also missingRegulatory codes are also missing..

contract with the contract with the terrestrial terrestrial broadcasters. broadcasters.

Public Service StatutesPublic Service Statutes

The challenge for a Hungarian The challenge for a Hungarian commissioner is the way to take commissioner is the way to take over from European method, to over from European method, to hand over some rules to self- and hand over some rules to self- and co-regulators. co-regulators.

If we will not change our system it If we will not change our system it can happen that some part of the can happen that some part of the media world, which is ruled by comedia world, which is ruled by co--regulation in Europe will be regulation in Europe will be

unregulated.unregulated.

pparallel regulation on some topics arallel regulation on some topics with other lawswith other laws

- requirement of - requirement of factual, up-to-factual, up-to-date, objective informationdate, objective information

- - right for good repute, human right for good repute, human

dignitydignity

Thank YouThank You