I. Definition of the Internet Hotline

This Rule of Procedure sets out the rules governing the operation and procedures of the Internet Hotline (hereinafter referred to as “IH”) operated by the National Media and Infocommunications Authority of Hungary (Nemzeti Média- és Hírközlési Hatóság, hereinafter referred to as “NMHH”) pursuant to Articles 149/B-D of Act C of 2003 on Electronic Communications (hereinafter referred to as “Electronic Communications Act”).

The IH is an online information and assistance service established with the purpose of promoting safe use of the internet as a public interest objective, targeted in particular to the protection of minors, raising awareness and reducing violent, inciting or otherwise abusive content on the Internet, operated by the NMHH within the framework of tasks carried out in the public interest.

Reports received by the IH do not constitute a matter for public authority and the activities of IH are not public proceedings.

In the case of illegal content, the IH cannot oblige anyone to remove it or to publish a warning notice about content harmful to minors; it is only entitled to take the measures provided for in the relevant sections of the Electronic Communications Act and in this Rule of Procedure.

The NMHH Internet Hotline Unit is responsible for the operation of the IH.

II. Receipt, processing and analysis of reports

If detecting online abuse as defined in this Rule of Procedure, anyone can submit a report:

1. on the reporting form accessible on the dedicated reporting platform: https://ekapu.nmhh.hu/eljarastipus/223 (új ablakban nyílik meg);
2. by e-mail to internethotline@internethotline.hu, or
3. through the ICCAM (I See Child Abuse Material) database maintained by the International Association of Internet Hotlines (hereinafter referred to as “INHOPE”), which is exclusively dedicated to the transmission of reports on child pornography content. Only registered users holding appropriate rights can submit reports on this platform.

In all cases, reports submitted via the webform are made without authentication or identification. The reporting person may choose to provide personal data (such as their name and email address); however, a report may also be submitted anonymously via the webform. A report shall be considered anonymous where the reporting person does not provide the data necessary for their identification and for maintaining contact with them, or where the reporting person expressly indicates that they wish to remain anonymous. In the case of an anonymous report, the IH is unable to provide the reporting person with feedback or information, request further information from them, or take any measures under these Rules that are contingent upon informing the reporting person or providing feedback.

Where the reporting person has provided the data necessary for their identification and for maintaining contact with them, but, in view of the content of the report, requests that such data be treated confidentially, the IH may provide them with feedback or information and may request further information from them. However, where the measures set out in the Rules of Procedure cannot be implemented without disclosing the reporting person’s confidentially handled data, the IH may refrain from taking the measure concerned.
Repeated reports submitted from the same email address and concerning the same subject matter shall be treated by the IH as a single report.

Where multiple reports received from different email addresses have the same or substantially the same content, subject matter or wording, the IH may examine such reports jointly by consolidating them into a single proceeding. In such consolidated proceedings, the IH shall examine the substance of only one of the individual reports, while any further reports concerning the same subject matter shall be retained solely for record-keeping purposes.

Reports are received and filed in the NMHH’s audited case management system.

The date of reporting is the date on which the report is received in the case management system.

Once received and processed, reportings are recorded by the IH in an anonymised form, without any personal data, for statistical purposes.

III. The procedure applied by IH

1. General rules

1.1. Scope of the contents that may be examined by the IH

The IH may be requested to intervene in the following cases of online abuse:

1. content published without consent;
2. child pornography; child sexual abuse material
3. online harassment;
4. racist content, incitement against a community;
5. phishing content;
6. content that promotes or encourages the use of illegal psychoactive substances;
7. content that incites or promotes illegal acts of violence;
8. other content that is harmful to minors.

The IH is expressly not entitled to investigate

• content appearing in media service or press products;
• unsolicited electronic advertising (spam);
• legal disputes concerning copyright matters;
• consumer complaints about online shops;
• legal and privacy notices, or lack thereof;
• cases of misuse of the Internet that fall under the exclusive competence of another authority, court or other public body
• abuse falling exclusively within the competence of another authority, court or other public body, as well as – with the exception of reports concerning content constituting financial online abuse handled under the PIHE framework set out in Section 10, and in order to avoid parallel proceedings – reports relating to matters that are the subject of ongoing proceedings before another authority, court or other public body;
• the objective truthfulness of the content complained of.

The IH will primarily contact the content provider under Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (hereinafter referred to as “E-Commerce Act ”) or, in the absence of the content provider’s availability or cooperation, the hosting provider, and will inform it that the website operated by the content provider or made available through its server contains information that constitutes Internet abuse based on the data available to the IH. At the same time, the IH expressly draws the hosting provider’s attention to the fact that if it does not remedy the abusive situation despite the request, it will be liable for the consequences of the content it publishes.

1.2. The IH’s investigation and actions taken following the investigation

As a general rule, the IH examines reports within five working days, which may be extended by a further five working days, depending on the complexity or volume of the content concerned. In particular, the investigation will involve checking the URL linking to the content reported by the reporting person and viewing, reading and interpreting the content available there.

Where a report is so inaccurate or incomplete that it cannot be properly examined on the basis of the information provided, the IH may close the report without examining its substance. Where the IH considers it necessary in order to obtain a sufficiently clear understanding of the circumstances surrounding the report, it may, except in the case of an anonymous report, request further clarification from the reporting person.

The provisions of this Section 1.2 shall apply to reports submitted in the category of content constituting financial online abuse handled under the PIHE framework, subject to the deviations and additional provisions set out in Section 10.

1.2.1 If the investigation of the Internet abuse that is the subject of the report falls within the exclusive competence of another authority, court or other public body, the IH will immediately notify the reporting person regarding this circumstance. In the notification, the IH shall inform the reporting person of the fact that the investigation has been closed, of his/her rights and obligations under the relevant legislation, and of the procedures and remedies available to him/her.

1.2.2 If the report is manifestly unfounded or the abuse alleged in it does not fall within the scope of this Rule of Procedure, the IH shall close the report within five working days without further investigation and shall notify the reporting person accordingly. In the notification, the IH shall inform the reporting person of his/her rights and obligations under the relevant legislation and of the procedures and remedies available to him/her.

Further examination of a report may be dispensed with where the reporting procedure is misused, in particular where the reporting person engages in conduct that seriously infringes human dignity, resorts to verbal aggression, or formulates the report using vulgar or provocative language.

Where the content accessible via a link provided in a report involving such misuse indicates a likelihood of internet abuse that can be examined without further communication with the reporting person, the IH shall proceed in accordance with the rules applicable to anonymous reports.

In particular, a report is unfounded if

• the reported content is no longer available,
• the report has become invalid for any other reason,
• the reported situation cannot be identified on the basis of the report, or
• the report is inappropriate or abusive.

1.2.3 If the IH determines that there is a likelihood of online abuse, with consideration of the exceptions set out in this Rule of Procedure, the IH shall, within ten working days, contact the body or person responsible for publishing or making available the notified online content, and send the information at its disposal, the finding made on the basis of that information and the reasons for that finding, and request the aforementioned body or person to investigate the online content and, depending on the outcome of the investigation, to take the necessary measures and inform the IH thereof at the same time.

In the request, the IH will only disclose personal data of the data subject who has been harmed in relation to the content that is strictly necessary to remedy the harm.

In the case of content that is harmful or dangerous to the development of minors, but not unlawful, the IH calls on the publisher of the content to clearly indicate on the website that the content on the site may be harmful to minors and that it is not recommended for them to view it.

1.2.4 If the possibility of a criminal offence, other than a privately prosecutable offence, arises, the IH will forward the report to the investigating authority within three working days of the submission of the report.

If according to the investigating authority there is no suspicion of a criminal offence, the IH shall contact the content and hosting provider of the online content involved by transferring the information available for the purpose of investigating the online content, and to take appropriate measures consistent with the outcome of the inquiry. In such cases, the provisions of Section 1.2.3 shall apply.

1.3. Education and information

The tasks of the IH include promoting the informed use of the Internet. The IH regularly monitors the various online phenomena and new services, especially those affecting minors, and draws attention to the risks and dangers of these, in particular on its website (https://nmhh.hu/internethotline/). The IH publishes analyses of online phenomena, detailing the risks involved, and in all cases draws the attention of the reporting persons to these.

If the online abuse is linked to a widely used online platform with a regulated reporting procedure, the IH will inform the reporting person about his/her options to remedy the abuse and protect his/her rights and interests (for example, by using the appropriate reporting procedure on the social networking site). If the reporting person is unsuccessful after applying the advice or does not wish to proceed in person, the IH will, at the request of the reporting person, take the measures set out in Section 1.2.
In addition to the above, the IH will in all cases inform the reporting person of other means of enforcement of claims available to him/her and the contact details of these means.

2. Data processing rules

The IH is entitled to process and transfer the following personal data that have come to its knowledge on the basis of the report:

1. the reporting person’s personal data, if they were disclosed by the reporting person;
2. the reported
   • URLs,
   • IP addresses,
   • names mentioned in the report,
   • internet monikers, other identifying data,
   • images,
   • audio recordings,
   • screenshots,
   • website addresses, website names,
   • usernames and passwords to access the reported content,

if these can be linked to an identified or identifiable natural person.

IH shall delete such data from its records two years after the case has been closed, unless a different retention period is prescribed by law.

The reporting person may request to have his/her data and the report to be handled confidentially.

Where the IH considers that the content of the report is harmful to public interest or reasonable private interest, the report shall be handled confidentially.

The IH publishes a privacy notice on its online platforms.

3. Processing of reports that fall within the competence of other bodies

With regard to specific reports, if the investigation of the online abuse that is the subject of the report falls within the competence of another authority, court or public body, the IH will inform the reporting person regarding the competent bodies and the available enforcement possibilities, if this can be established.
However, the IH is not entitled to forward reports to the competent body, as such forwarding would deprive the reporting person or a client before the competent body of the request or his/her right to dispose of the request.

4. Reports requiring action, notifications sent to service providers

Reports in the category of child pornography and those forwarded through the INHOPE system, as well as reports in the category of content inciting to violent illegal acts, will in all cases take priority over reports in other reporting categories. The IH will take the necessary action as soon as possible, preferably within three working days.

Reports submitted in the category of content constituting financial online abuse handled under the PIHE framework shall be governed by the provisions set out in Section 10.

If a report received by the IH is outside the above categories, the IH will take the necessary action on the basis of the report within ten working days of receipt of the report, as follows.

If it becomes necessary to contact the content or hosting provider, the following procedure and time limits apply:

• within ten working days of receipt of the report, if the contact details of the content provider are known, the IH will notify the content provider that infringing content is available on its site and request it to take the necessary action;
• thereafter, if no response is received from the content provider within ten working days of the sending of the notification and the problem identified in the notification persists, the IH will send the notification to the content provider once more;
• if the hosting provider does not respond within ten working days after the notification has been sent and the problem identified in the notification persists, the IH will send the notification to the hosting provider once more

If other organisations (e.g. police, other authorities) need to be contacted or notified, and if the IH has the possibility to do so, the IH will take action within ten working days of receiving the report.

If a response arrives from a content or hosting provider, the IH will inform the reporting person of the action taken and the results achieved within three working days of receipt of the response.

5. Retention of documents

Once closed, the IH will first place the reports in the Transitional Archives of the IH and then in the Central Archives, from where they will be disposed of in accordance with the requirements of the Records Management Policy after the expiry of the retention period specified in the NMHH Records Management Plan. The expiry of the retention period shall be calculated on the basis of the date of closure of the report.

6. Category of content published without consent

6.1. Description of the category

The reporting person may, inter alia, choose this category in cases where photographs, video or audio recordings, other personal data and contact details of him/her or of a minor under his/her supervision are published on a social networking site or other website without his/her consent or authorisation, even in such a way that they are downloaded from another website or social networking site and then used.

6.2. Specific rules of procedure

As in such cases it may be necessary to prove to the content and/or hosting provider that the request comes from the data subject or his/her representative, if it deems necessary the IH will, after investigating the report, ask the reporting person to contact the provider himself/herself and request the deletion of his/her data or data of a minor under his/her supervision if he/she has not already done so, and will inform the reporting person of his/her other options.

In case of other means of enforcement of claims, the IH will provide the reporting person with all necessary information and assistance (URL to the social networking site reporting form, steps of reporting) available at the IH.

If the reporting person is unsuccessful and the problem persists, the IH will contact the content and/or hosting provider on the basis of the information provided by the reporting person, in particular the details of the report he/she has initiated, and request an inspection and, if necessary, removal of the reported content.

In the latter case, if it is justified for the more efficient solutioning of the case and if the reporting person explicitly requests it, the IH will identify the reporting person online, in a manner at its discretion, and will take a record of the identification and attach it to the case file.

Where, having regard to all the circumstances of the report, the IH considers it justified, following its examination of the report and within no more than ten working days, it shall contact the content provider and/or hosting provider and request that the content complained of be reviewed and, where necessary, removed. The reporting person shall be informed of any such action taken.

7. Child pornography category

7.1. Description of the category

According to Article 204 of the Criminal Code, content that depicts a person under the age of 18 in a situation or pose that may arouse sexual desire in another person is considered child pornography.

On the basis of the law and judicial practice, child pornography may include, in particular, recordings:

• depicting sexuality in a grossly indecent manner, i.e. depicting genitalia, real or simulated sexual acts and involving a minor, either as an active or passive participant;
• showing the minor's genitals.

In addition to the above, the characteristic feature of the recording is that it was made to arouse sexual desire, to depict sexuality in a gratuitous manner.

Child pornography may be committed against real persons under the age of eighteen, i.e. real, existing persons, but the depiction of a non-existent person or persons may also fall within this statutory provision. In the latter case, only a realistic depiction falls within the provision, meaning a depiction that is deceptively similar to the real one, where it cannot be ascertained, or reasonably expected for an ordinary observer to recognise that the person concerned is real and existing in the recording or has been created by some computer application. Accordingly, depictions that are clearly animated and paintings are excluded.

However, in the case of real persons – i.e. identifiable, recognisable persons – any depiction can fall within the provision.

Incidents of child pornography, in particular:

• the reporting person comes across what appears to be child pornography while browsing and forwards the URL to the IH;
• a minor or his or her legal guardian makes a report after the minor has sent an intimate photograph of himself or herself to a friend or stranger and the friend or stranger has misused or published it.

7.2. Specific rules of procedure

Reports under the category of child pornography take priority over reports under any other reporting category, and therefore the IH will take the necessary action on the basis of the report as soon as possible, but not later than three working days after the report has been submitted.

In the category of child pornography, reports can be received in two ways: (a) from the reporting person via the reporting platform or by e-mail and (b) from foreign hotlines via the INHOPE system.

• Reports from reporting persons

Reporting persons can report through the IH reporting platform or by e-mail by sending the URL of the child pornography recording.

The content of the URL, if still available, will be analysed by the IH and, if child pornography is suspected, the report will be forwarded for inspection to the National Bureau of Investigation within three working day of receipt and uploaded to the ICCAM database created by INHOPE. On the basis of the latter, the hotline service of the country in which the hosting provider is registered will be informed of the content and will act on the report.

• Reports from foreign hotlines

Reports received via INHOPE are filed in the INHOPE ICCAM database. Through the ICCAM system, INHOPE member hotlines abroad may send a notification about content that the reporting hotline identifies as suspected child pornography content and, based on its investigation, it is available on a Hungarian server.

ICCAM is a closed system database used by INHOPE member hotlines designated to collect, categorise and share reports of child sexual exploitation recordings among INHOPE member hotline analysts. ICCAM is also accessible by INTERPOL and forms the basis of the INTERPOL database.

INHOPE automatically sends an email to the relevant hotlines when a report is received in the ICCAM database.

The IH will check whether the reported content falls under the category of child pornography as defined in this Rule of Procedure and the INHOPE Code. If the content does not meet the criteria described in the documents, the report will be closed in ICCAM. If the content meets the criteria described in the documents under examination, the IH will forward the report to the National Bureau of Investigation.

In the ICCAM database, a table on the ‘Monitor’ page shows all reports entered into the system concerning the hotline in question. The IH is obliged to indicate in ICCAM what actions have been taken in relation to the particular report:

• the report has been forwarded to the competent law enforcement agency;
• the relevant content and/or hosting provider has been notified of the report;
• the content has been removed by the content and/or hosting provider concerned upon notification;
• the content is not available;
• the content is not infringing in the country of the server.

8. The category of online harassment

8.1. Description of the category

In this category, the reporting person can report offensive, abusive, humiliating or intimidating content that has been occurring online, typically repeatedly, over a long period of time, or that occurred only once, and that has affected him/her personally. The purpose of online harassment is most often revenge, or humiliation or shaming of the victim.

Possible forms of harassment:

• defamatory comments or posts on a social networking site;
• sending abusive or threatening messages;
• posting embarrassing and/or manipulated photos or videos;
• creating a fake profile in the name of the victim;
• misuse of personal data obtained from another person;
• exclusion, ostracism;
• spreading malicious rumours about the victim.

The reporting person may also choose this category if he/she detects a hacking of his/her profile on a social networking site or a blocking setting on a profile or group he/she operates that prevents him/her from using his/her profile or group for its intended purpose.

This category also includes cases where an adult or a child is approached or harassed in a sexual manner, as well as textual content on social networking sites, blogs and forums in which comments of a sexual nature are made about minors and/or where sexual conversations are held with minors. Messages with sexual content – pictures, videos or texts – sent to underage users are also considered online harassment.

8.2. Specific rules of procedure

As in such cases it may be necessary to prove to the content and/or hosting provider that the request comes from the data subject or his/her representative, the IH will in all cases, after investigating the report, ask the reporting person to contact the provider himself/herself and request the deletion of his/her data if he/she has not already done so, and will inform the reporting person of his/her other options. To this end, the IH will provide the reporting person with all the necessary information and assistance (URL to the social media reporting form, steps to report) available at the IH.

If the reporting person is unsuccessful and the problem persists, the IH will contact the content and/or hosting provider on the basis of the information provided by the reporting person, in particular the details of the report he/she has initiated, and request an investigation and, if necessary, removal of the reported content.

Where, having regard to all the circumstances of the report, the IH considers it warranted, it shall, following its examination of the report and within no more than ten working days, contact the content provider and/or hosting provider and request that the content complained of be reviewed and, where necessary, removed. The reporting person shall be informed of the action taken by the IH.

In the case of online harassment, the IH will always inform the reporting person that if he/she feels threatened or in immediate danger, he/she must notify the police station of his/her place of residence, and will also inform the reporting person that harassment is a privately prosecutable offence, and as such, it may be reported to the police only by the victim or, if the victim is a minor, by his/her legal representative.

9. Category of racist content, incitement against a community

9.1. Description of the category

In this category, the reporting person can report content published on various websites, typically blogs and social media, that incites hatred, or promotes hatred or violence against a community or a member of a community on the basis of a characteristic of that community. Such characteristics may include, for example, belonging to a nationality, ethnic, racial or religious group, gender identity, sexual orientation, or disability.

Content that publicly denies the existence of genocide or other acts against humanity committed by national socialist or communist regimes or that displays banned authoritarian symbols may also be reported here.

9.2. Specific rules of procedure

The IH will examine whether, while freedom of expression is respected, there is a suspicion of violation of other subject rights, whether the content identified by the reporting person is likely to incite hatred or promote hatred or violence, and whether the community or minority concerned by the content can be clearly identified on the basis of a characteristic that is an essential element of personality.

In all cases, the content must be judged on the basis of interpretation of its content and context; it is not within the scope of tasks of the IH to examine and assess the social and public relations and events in question.

If the offending content appears on a widely used social networking platform and the report is not anonymous, the IH will, after examining the report, request the reporting person to contact the service provider himself/herself to request the removal of the offending content, if he/she has not already done so. To this end, the IH will provide the reporting person with all the necessary information and assistance (URL to the social media reporting form, steps to report) available at the IH.

If the reporting person is unsuccessful and the problem persists, the IH will contact the content and/or hosting provider on the basis of the information provided by the reporting person, in particular the details of the report, and request an inspection and, if necessary, removal of the reported content.

10. Phishing Content Category, Including Phishing Content Constituting Financial Online Abuse Handled under the PIHE Framework and Other Phishing Content

10.1. Description of the Phishing Content Category Covering Phishing Content Constituting Financial Online Abuse Handled under the PIHE Framework

The reporting person may select this category when submitting a report if the PIHE reporting form is available on the electronic administration platform operated by the NMHH, and they become aware of content available on the internet that is intended to obtain financial data (including, in particular, bank account numbers, credit card numbers, user IDs and codes) from persons who have been deceived, presumably for the purpose of committing financial abuse.

Possible forms of financial online abuse include:

1. fake banking websites or other fraudulent online banking communications containing a link;
2. websites offering fake investment opportunities or other fraudulent online investment communications containing a link;
3. fake online stores;
4. marketplace scams;
5. fraudulent online communications containing a link sent in the name of a parcel delivery service, or fake parcel delivery service websites;
6. other phishing websites or other phishing messages containing a link intended to facilitate financial abuse.

10.1.1. Special Rules Applicable to the Procedure

10.1.1.1.

A specific characteristic of financial online abuse is that such abuse may potentially cause significant and direct harm to a large number of persons within a short period of time. The analysis of such online phenomena may require the specialised expertise of several authorities or organisations, and their detection may also trigger ex officio action by several authorities or organisations. In order to coordinate these tasks, the organisations participating in PIHE receive reports concerning financial online abuse through the reporting form established within the PIHE framework, in accordance with the arrangements agreed upon by the PIHE organisations.

Upon completing and submitting the reporting form established within the PIHE framework, the reporting person shall automatically receive information concerning the PIHE procedure, their rights and obligations as defined by the applicable legislation, as well as the procedures and legal remedies available to them.

Reports submitted through the reporting form established within the PIHE framework are received via the E-kapu system in the NMHH's audited case management and registration system, known as Contentum, from which they are automatically transferred to the SharePoint interface used for processing PIHE reports (hereinafter: the “SharePoint interface”).

Within the framework of cooperation with the participating organisations, the details of the workflow for processing reports shall be set out in a separate document on the SharePoint interface.

10.1.1.2.

Where the PIHE reporting form referred to in Section 10.1 is not available on the electronic administration platform operated by the NMHH, reports concerning the types of abuse referred to in Section 10.1 may be submitted by the reporting person using the form for the Other Phishing Content category referred to in Section 10.2.

In such cases, the IH shall, within five days of receiving the report and without providing any further information or notification to the reporting person, refer the report to the PIHE organisation concerned, as determined by the subject matter of the report. The IH shall take the necessary measures following consultation with the PIHE organisations.

10.2. Description of the Other Phishing Content Category

This category may be used to report phishing content intended to obtain personal data (such as a name, residential address, social security number, date of birth, username or password) which, except in the case referred to in Section 10.1.1.2, does not fall within the category of content constituting financial online abuse handled under the PIHE framework.

10.2.1. Specific rules of procedure

When examining other phishing content, provided that a link leading to the content complained of is available, the IH shall examine the reported content accessible at the URL or link specified in the report. Where the content is accessible, the IH shall contact the content provider and/or hosting provider, as well as the social media platform concerned, and request that the content complained of be reviewed and, where necessary, removed.

10.3. Handling of Identical Reports Submitted under the Category of Phishing

Content Constituting Financial Online Abuse Handled under the PIHE Framework and under the Other Phishing Content Category
Where the reporting person submits identical reports concerning the same subject matter in parallel under both the category of phishing content constituting financial online abuse handled under the PIHE framework and the Other Phishing Content category, such reports shall, as a general rule, be handled within the PIHE framework.

Where there are reasonable grounds to assume that this would be contrary to the interests of the reporting person, the IH shall, except in the case of an anonymous report, request the reporting person to confirm under which procedural framework they wish the matter to be handled.

11. Category of content promoting or facilitating the use of illegal psychoactive substances

11.1. Description of the category

In this category, the reporting person can report websites where, according to the reporting person, illegal psychoactive substances are sold, offered or solicited for use, or where suggestions are given on how to use such substances.

11.2. Specific rules of procedure

If the IH’s investigation finds that the reported content contains advertising or selling of intoxicating products that are suspected to be directed toward Hungary and appear to be illegal, the IH will in every case send the contact details of these websites to the National Bureau of Investigation for further inspection.

12. Category of content inciting violent illegal acts

12.1. Description of the category

This category is for content on websites, chat services or e-mails which, according to the reporting person, contain content that incites, promotes or facilitates violent illegal acts.

12.2. Specific rules of procedure

If the content raises suspicions of a call to commit terrorist acts or a direct threat to life, limb or property, the IH will forward the report to the investigating authority without delay, but no later than three working days after the report has been submitted.

The IH shall inform the reporting person already on the reporting platform that if the content he/she intends to report is, in his/her view, an obvious call for terrorism or contains a blatant and direct threat to life, limb or property of another person, it is advisable to report it directly to the investigating authority.

13. The category of other content harmful to minors

13.1. Description of the category

Here, the reporting person can report content which, in his/her opinion, may be harmful to the mental, spiritual, moral or physical development of minors under the age of eighteen, or which may seriously impair such development, and which does not fall into any of the above categories.

13.2. Specific rules of procedure

The IH will examine submissions in relation to:

• whether the reported content is genuinely harmful to the age group concerned;
• whether the reported website displays the necessary warning signs and identifiers provided for in Section 4/A of the E-Commerce Act;
• whether the reported content raises suspicion of a criminal offence or incitement to commit a criminal offence.

In the case of content that is harmful or dangerous to minors, but not unlawful, if the website does not comply with Section 4/A of the E-Commerce Act, the IH calls on the content provider or hosting provider to clearly indicate on the website that the content on the site may be harmful to minors and to place a warning to this effect in the source code of the website in accordance with the Act above.

The IH also informs that, pursuant to Section 4/A (2) of the E-Commerce Act, the implementation of this provision is monitored by the Internet Roundtable for Child Protection (hereinafter referred to as the “Roundtable”). On 23 April 2014, the Roundtable issued a recommendation on warning signs and child protection filtering software to be used to protect minors from Internet content and services harmful to them. The article of the recommendation is available at the following link: https://nmhh.hu/gyermekvedelmi-kerekasztal/ajanlasok (új ablakban nyílik meg)

14. Rules on objections in connection with the procedure of the IH

14.1.

The reporting person may raise an objection in connection with the procedure of the IH, claiming a procedural irregularity relating to the non-application or incorrect application of a rule contained in these Rules.

Reports received at the email address kifogas@internethotline.hu which, based on their content, qualify as reports shall be treated as such by the IH.

The reporting person has the right to lodge an objection within 15 days of the date of sending the report pursuant to Sections 1.2.1 and 1.2.2 of these Rules and the information pursuant to Section 4 of these Rules.

If the objection of the reporting person concerns the failure to send the report pursuant to Sections 1.2.1 and 1.2.2 of these Rules or the failure to send the information pursuant to Section 4 of these Rules, the objection may be lodged within 45 days of the report at the latest.

The objection shall specify the procedural irregularity complained of by the reporting person and shall be accompanied by the data or documents supporting it. The objection can be submitted by e-mail to the kifogas@internethotline.hu email address.

14.2.

The IH will examine the objection. The objection cannot be examined on its merits if the objection

• was received after the deadline,
• was not from the person entitled to make the report, or
• the data or documents supporting the objection were not provided by the reporting person, despite the notification by the IH to supplement the objection.

In the cases specified in points (a) to (c) above, the IH shall inform the person submitting the objection of its findings in relation to the objection. There shall be no further dispute resolution on the objection.

If the IH considers the objection to be justified, it will inform the reporting person of this and of the action taken on the objection within ten working days.

14.3.

If the objection is found by the IH to be unfounded in whole or in part, the Internet Hotline Committee (hereinafter: IH Committee) will decide on the objection. The IH Committee is composed of three members, chaired by the Director General or a senior civil servant of the Authority designated by him/her in writing, and two other members, at the request of the Director General, who are civil servants of the Authority having passed the professional examination in law. The Head and staff of the Internet Hotline Department may not be the chairperson or additional member of the IH Committee.

The detailed rules for the operation of the IH Committee are set out in Sections 14.4 to 14.5 of these Rules.

14.4.

The IH Committee meets as necessary and minutes are taken of the meeting. The IH Committee shall be convened by its chairman by sending the agenda no later than 10 working days from the date of receipt of the objection. Meetings of the IH Committee are not open to the public. Only the members and, with the right to deliberate only, those invited by the Chairman of the IH Committee and the head of the department responsible for the IH's tasks, may attend the meeting. The meeting is attended personally by the members, the meeting can also be held online.

The quorum of the Committee shall be at least three members, one of whom shall be the Chairman of the IH Committee. Decisions of the IH Committee are taken by open vote, simple majority at the meeting. The members of the IH Committee have the right to vote. Members of the IH Committee have one vote each. At least three identical votes are required to take a decision. In the event of a tie, the Chairman of the IH Committee shall have a casting vote.

14.5.

The objection is unfounded if it can be established that:

• there was no procedural irregularity, the IH acted in accordance with the Internet Hotline Rules,
• a minor procedural irregularity took place which had no material impact on the proceedings of the IH or the measures taken,
• the objection cannot be examined on its merits under point 14.2,
• it has become obsolete in the meantime, or
• it constitutes an improper or abusive exercise of rights.

If the IH Committee upholds the objection, it will request the IH to take the necessary procedural acts and/or measures.

There shall be no further dispute resolution on the objection.

The IH shall inform the person submitting the objection of the IH Committee's findings in relation to the objection.

15. Final provisions

In a cooperation agreement pursuant to Article 149/D of the Electronic Communications Act, the parties may also agree to apply certain provisions of these rules of procedure in a manner appropriate to the specific characteristics of the association that has concluded a contract with the IH.