Hungary

Stage of legislative progress 

The legislative proposal is adopted and already in force.

If known expected date of next step

N/A

National particular circumstances

Act LXIII of 2019 Amending Certain Acts Regarding Audiovisual Media Services (the "Implementation Act") implements some of the provisions of the AVMS Directive into Hungarian law. The Implementation Act is a minimum implementation, and does not exceed the threshold set by the AVMS Directive. There is only one case where the Hungarian legislator chose to add a "may" provision to the Implementation Act:

Article 11 (3) d) “Programmes that contain product placement shall meet the following requirements: […]

d) viewers shall be clearly informed of the existence of product placement by an appropriate identification at the start and at the end of the programme, and when a programme resumes after an advertising break, in order to avoid any confusion on the part of the viewer.

Member States may waive the requirements set out in point (d) except for programmes produced or commissioned by a media service provider or by a company affiliated with that media service provider.”

According to Act LXIII of 2019 Amending Certain Acts Regarding Audiovisual Media Services (“Implementation Act”), the requirement is not applicable except for programmes produced or commissioned by the media service provider or its affiliate.

The wording of the Implementation Act can be found here (only in Hungarian)

In June 2020, the Hungarian Parliament adopted the second implementation act, Act XXIV of 2020 on the amendment of Act CVIII of 2020 on electronic commerce and information society services (the "Second Implementation Act"). The Second Implementation Act transposes the new minimum rules for video-sharing platform providers into Hungarian law. Furthermore, it designates the Hungarian Media and Infocommunications Authority as the competent authority for registration of a video-sharing platform providers, and for the possible administrative proceedings in case of any infringement of the newly implemented rules.

The wording of the Second Implementation Act can be found here (only in Hungarian)

As the transposition of the AVMS Directive has been finished, Hungary was not part of the infringement proceedings commenced by the European Commission in November 2020 regarding the transposition.