HungaryEkertv. Sections 15/D to 15/G, Measures against Hateful and Criminal Content, Terms and Reporting Mechanisms of Video-Sharing Platforms
2001. évi CVIII. törvény (Ekertv.), 15/D. § (1) b)-c), 15/E. § (1), 15/F. § (1) és (5) és 15/G. §
In force since .
A notice and action rule binding private bodies.
- Obligation class
- Governance, Disclosure
As of .
What it requires
- It binds a video-sharing platform provider established in Hungary, or established in no Member State but with a parent, subsidiary or group company established in Hungary (Section 1(1a) and (1b)).
- Apply the measures and technical solutions of Section 15/F where content you deliver to the public violates human dignity and may incite hatred or violence against a community or its members, or may constitute a crime or a call to commit one, such as terrorism, incitement against a community, denial of the crimes of national socialist or communist systems, or sharing child pornography (Sections 15/D(1)(b) and (c) and 15/F(1)).
- Do not let those measures become prior control or a filtering of uploads that does not comply with the Act (Section 15/F(5)).
- Put the cases, requirements, measures and technical solutions of Section 15/D(1) into your general terms and conditions (Section 15/E(1)).
- Provide a transparent, effective and user-friendly mechanism through which users can report or flag content that violates Section 15/D(1) or complain about it, uploaders can declare whether a video contains a commercial communication, and users are told in plain language how those declarations, reports, flags and complaints are processed (Section 15/G).
These lines are LexLint's reading of the law's text, as of . Also read by: Nemzeti Média- és Hírközlési Hatóság (National Media and Infocommunications Authority) (guidance, recorded ).
If you get it wrong
Private right of actionNo
Penalty structure
Section 15/I(2)(c) lets the Hivatal impose a fine of up to one hundred million forints for an infringement of Sections 15/D to 15/H.
- Rule
- Fixed only
- As of
- Currency
- HUF
- Fixed cap
- 100,000,000
Who enforces it
Enforcement body
The Hivatal, the Office of the Authority under the Act, which supervises compliance with Sections 15/D to 15/H in its official capacity (Section 15/I(1)) and may impose a fine, order a suspension of the service for up to a week, or delete the service from the register (Section 15/I(2)).
Settledness
- As of
- Guidance link
- https://nmhh.hu/cikk/212898/Tajekoztato_a_videomegosztoplatformszolgaltatokra_vonatkozo_2020_junius_12_napjatol_hatalyos_torvenyi_rendelkezesekrol
- Guidance body
- Nemzeti Média- és Hírközlési Hatóság (National Media and Infocommunications Authority)
- Open questions
- Which uploaded content 'alkalmas lehet' (may be capable of) inciting hatred or violence under Section 15/D(1)(b), and how far may a provider act on that before it breaches the Section 15/F(5) bar on prior control and unlawful upload filtering?
What this law does
Section 15/D(1) of the Ekertv. requires a video-sharing platform provider, to protect users, to apply the measures and technical solutions of Section 15/F where the content it delivers to the public meets one of the conditions listed in points (a) to (d).
Point (b) covers content that violates human dignity and may incite hatred against, or violence against, a nation, community, national, ethnic, linguistic or other minority or any majority, or a religious community, or any of their members, because of belonging to it.
Point (c) covers content that may constitute a crime or a call to commit one, in particular a call to commit an act of terrorism, incitement against a community, public denial of the crimes of national socialist or communist systems, or the sharing, distribution or forwarding of child pornography. Section 15/F(1) requires the provider to secure compliance with the Section 15/D(1) requirements through appropriate measures and effective technical solutions.
Section 15/F(5) provides that the measures under paragraphs (1) and (2) may not lead to prior control measures or to a filtering of uploads that does not comply with the Act. Section 15/E(1) requires the provider to include in its general terms and conditions the cases and requirements in Section 15/D(1) and the measures and technical solutions of Section 15/F that secure them.
Section 15/G requires the provider to offer a transparent, effective and user-friendly mechanism that informs users about content that may harm minors, lets an uploader declare whether a video contains a commercial communication, lets users report or flag content that violates Section 15/D(1) or complain about it, and explains in plain terms how those declarations, reports, flags and complaints are processed and what they do.
The Hivatal supervises compliance with Sections 15/D to 15/H in the exercise of its official powers. For an infringement the Hivatal may impose a fine of up to HUF 100 million. The Hivatal may also oblige the provider to suspend its service for a period from fifteen minutes to one week. The Act applies to a video-sharing platform provider established in Hungary.
Section 1(1b) extends the Act to a video-sharing platform provider established in no Member State whose parent or subsidiary is established in Hungary, or that belongs to a group with another company established in Hungary. Section 16(5) required video-sharing platform providers to meet the obligations that Act XXIV of 2020 created within 150 days following that Act's entry into force.
When LexLint raises it
When your app profile says your app operates a social platform.