Data reporting obligations
The Media Council monitors compliance with quota requirements relating to the broadcasting of European and Hungarian works, as well as Hungarian musical works based on the AVMS Directive and the Media Act, on the basis of mandatory electronic data reporting by the media service providers concerned.
In order to facilitate the provision of data, NMHH (hereinafter referred to as the Authority) has developed and made available to media service providers a web-based interface. This interface not only enables data submission, but also allows users to check their quota fulfilment.
The Authority has also made the IMAR broadcast management software available to the parties concerned. This software is capable of automatically completing and submitting the log sheets used as the basis for data reporting.
Pursuant to the provisions of the Media Act, linear media service providers subject to quota requirements must provide the Media Council with data by the last day of the month following the month in question, while on-demand media service providers must provide data annually, by 31 January of the year following the year in question, in order to enable the monitoring of compliance with the quota requirements. The Media Council verifies compliance with the data reporting obligation three times a year on a consolidated basis for linear media service providers, and once a year for on-demand media service providers.
Quota requirements (European and Hungarian quota)
All audiovisual media service providers established in the EU are required to comply with the same programme quota requirements with regard to European works, based on a Community Directive. The Media Act also prescribes programme quota requirements for Hungarian works, but these only apply to media service providers established in Hungary.
Similarly, statutory quota requirements relating to Hungarian musical works apply only to radio media services under Hungarian jurisdiction. The regulations stipulate the proportion of transmission time or published content that must be devoted to European and Hungarian works in each media service, as well as the proportion of Hungarian musical works in radio broadcasts.
The purpose of quota requirements is to promote European audiovisual production, protect European and Hungarian programmes, encourage independent producers, support Hungarian songwriters, and promote the Hungarian language and culture.
The Media Council monitors compliance with quotas on the basis of mandatory data reporting by media service providers. The Media Council reports to the European Commission every two years on compliance with European broadcasting quota requirements in Hungary.
Reporting obligations
Media service providers operating terrestrial radio media services are required to provide annual reports on their activities in the previous year, in accordance with the criteria set by the Media Council, as stipulated in their public contract. These reports serve as an important source of information on the economic situation and operating environment of media service providers, thereby contributing to the Media Council's comprehensive understanding of the radio market segment.
Media service providers operating audiovisual or radio media services of a community nature must report annually to the Media Council on their compliance with the statutory provisions governing community media services and on their adherence to the media service regulations.
Obligations set out in public contracts
The Media Council concludes fixed-term public contracts with the winning applicants of tendering procedures for the use of terrestrial radio frequencies. The public contract sets out the rights and obligations of the media service provider, the main parameters of the media service, including the duration of the media service provision rights, the coverage area, nature and permanent designation of the media service, the programme schedule and other obligations, and, in the case of commercial media services, the amount of the media service fee.
The Authority continuously monitors and supervises compliance with the contractual obligations of radio stations operating under public contracts.
Conflict of Interest
The conflict of interest rules of the Media Act serve to prevent concentration in the media market and to maintain media diversity. The Media Act specifies the categories of entities that may not acquire media service provision rights or act as founders or publishers of press products.
Radio media service providers operating under a public contract, including their owners, are subject to further specific restrictions under the Media Act, due to the limited nature of the resource they use, in order to prevent market concentration.
The Authority continuously examines and monitors compliance with the conflict of interest rules. If the Media Council finds that competition in the media services market may be distorted or restricted, it shall initiate competition supervision proceedings before the Competition Authority, provided that the statutory conditions are met.