Linear media services

Article 41 of Act CLXXXV of 2010 on media services and mass media (Media Act) states that media service providers established in Hungary and governed by the Act may provide linear media services if they have registered the service and the National Media and Infocommunications Authority has added it to its official register. (Media services are linear if the programmes may be watched or listened to at the time stated in the programme schedule.) Analogue linear media services using state-owned scarce resources, i.e. state frequencies, are excepted from the above. Such services may be provided after the media service provider has been declared the winner of a tender announced and executed by the Media Council and if it has signed a contract thereupon, or if it provides the media services pursuant to a provisional official contract defined in Article 65 of the Media Act.

The media service provider is responsible for requesting the registration of the linear media service. A provider intending to provide a linear media service by using a non-state-owned scarce analogue resource shall submit to the Authority the data defined in Article 42 (1) and (2) of the Media Act at least forty-five days prior to commencing said media service provision.

On-demand and ancillary media services, press products

Within sixty days of commencing the service or activity, registration shall also be requested from the NMHH for on-demand and ancillary media services of media service providers established in Hungary and subject to the Media Act as well as the press products of publishing entities established in Hungary, but the service or publishing activity may be started prior to such registration.

If a media service provider provides both linear and on-demand services, or if a media publisher publishes both print media and online media products, it shall register each of its media services or media products separately. If a publisher makes its printed press product available on the Internet in a digital copy with fully equivalent content, the online content shall be considered as the copy of the printed press product and it shall not need to be submitted for registration as a separate online press product.

Any changes to the data on record shall be reported to the Authority within fifteen days.

Community media services

Local or regional media services may be recognized as community media services by the decision of the Media Council.

This may take place in either of two ways:

• the Media Council may declare the media service as a community media service by its decision regarding the results of a tender process executed pursuant to the Media Act with the aim of selling the media provision right, or
• by its resolution adopted at the end of a proceeding brought especially for this purpose.

In the latter case, the media service provider may request such a proceeding after the media service has been registered in accordance with Article 42 of the Media Act. In the course of its proceeding, the Media Council shall examine the existing or proposed media service and check whether its media service regulations satisfy the criteria laid down in Article 66 (1)–(4) of the Media Act. The Council will adopt its official decision within sixty days. Nationwide media service provision may not be recognized as community media service provision.

The media service provider shall report annually to the Media Council on its compliance with the legislative provisions governing community media service provision and with the media service provision regulations.

NMHH keeps records of

a)    linear audiovisual media services,

b)    linear radio media services,

c)    the audiovisual media services for which media service rights were acquired by tender,

d)    the radio media services for which media service rights were acquired by tender,

e)    on-demand audiovisual media services,

f)     on-demand radio media services,

g)    ancillary media services,

h)   print media products,

i)     online media products and news portals,

j)      linear and on-demand media services and ancillary media services provided by public service media service providers.