Powers of the National Media and Infocommunications Authority (NMHH) in relation to media content published during the parliamentary election campaign period and content appearing on online platforms
The President of Hungary has set the date for the parliamentary elections for 12 April 2026. The campaign period starts on 21 February 2026 and runs until the day of the election.
In the case of political advertisements, the legal regulation separates the general media law rules on publication from the specific rules related to the election procedure, both in terms of content and jurisdiction, and only grants the Media Council of the NMHH jurisdiction with regard to the former, namely the general rules set out in Article 32 of Act CLXXXV of 2010 on Media Services and Mass Media (hereinafter: “Media Act”).
Regarding issues related to Act XXXVI of 2013 on Election Procedures, and Act CCXXXVIII of 2013 on Initiating Referendums, the European Citizens' Initiative and Referendum Procedure, the National Election Committee and the National Election Office shall have competence.
Pursuant to Article 32(1) of the Media Act, the person or entity ordering the publication of political advertisements and the person or entity having interest in their publication may not exercise editorial influence on the media service, except at the time of publication. Pursuant to Article 32(3) of the Media Act, political advertisements may be published on media services during the election campaign period complying with the rules of the Act on Election Procedures. Outside this period, political advertising may only be published in connection with a referendum that has already been ordered. The media service provider shall not be responsible for the content of political advertisements. If the request for publication of political advertising complies with the provisions of the Act on Election Procedures, the media service provider shall be obliged to publish it without discretion.
Pursuant to Articles 32(2) and (4) of the Media Act, political advertising must be immediately recognisable and distinguishable from other media content by calling for attention by way of optical and acoustic means, and the client of the political advertisement must be clearly named.
Election campaigns are partly conducted on online platforms (social media, video sharing sites, etc.), but social media platforms are not considered press products or media service providers under Hungarian law.
The European Commission has exclusive competence over certain obligations of very large online platforms and very large online search engines, such as the management of systemic risks .Thus, in these cases, the European Commission is responsible for the implementation and supervision of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (hereinafter: "DSA").
The President of the NMHH is responsible for coordinating the sharing of information between Member States on how to tackle systemic risks related to the election process. The President has an important role to play in sharing relevant information with stakeholders and partner authorities, increasing the knowledge of stakeholders and users, supporting cooperation between stakeholders, facilitating networking and knowledge sharing between public authorities and very large online platforms and very large online search engines. He also draws the attention of election stakeholders to DSA tools that can help protect the integrity of the elections. The President of the NMHH may only investigate compliance with the obligations under the DSA and alleged breaches of the EU Regulation in respect of service providers established in Hungary, and does not have a content management role in relation to decisions made by intermediary service providers regarding illegal content.