The deployment of Invasive technology against journalists and other media actors.

 

In 2021, the Fidesz government of Prime Minister Viktor Orban continued its steady erosion of media pluralism. As part of global revelations, an investigative reporting project meanwhile unearthed the surveillance of multiple Hungarian journalists using the Pegasus spyware developed by Israeli spyware firm NSO Group, leading to fresh concerns about the illegal surveillance of journalists and their sources. Hungary was the only country in the EU in which the state intelligence agencies were suspected of tar‐ geting their own nation’s journalists. The 12 alerts recorded on the MapMF plat‐ form, and 47 attacked persons or entities related to media, do not reflect the true scale of the challenges facing media freedom in Hungary, which continued to be among the lowest of the EU member states. Unlike other EU states, however, the state/government was the source of 50% of documeted alerts, indicating the continued pressure by the Fidesz party on independent media.

 On 18 July 2021, the NGO Forbidden Stories published an investigation into the use of Pegasus spyware to target 180 journalists worldwide, including in Hungary. Forensic analysis indicated that the Hungarian intelligence or security services deployed the invasive technology against journalists and other media actors. At least five journalists featured in the leaked phone records, including Szabolcs Panyi, a reporter at investigative outlet Direkt, and his colleague András Szabó. Others selected for potential targeting include Dávid Dercényi, who edits a newspaper put out by the authority of an oppositionrun district in Budapest; a photojournalist; and a well-known investigative journalist. Furthermore, the circle of investor Zoltán Varga, who owns several independent media outlets, was potentially surveilled.

The revelations led to condemnation from press freedom groups and the European Union, as well as the launch of investiga‐ tion by the Hungarian government, which had initially denied it had purchased NSO’s technology. 

2021 also saw another major critical broadcaster in the crosshairs of Fidesz and its allies. In February, the influential Budapest-based radio station Klubrádió was forced off the air, after its appeal against the Media Council’s refusal to renew its licence made in September 2020 was rejected by a court. Klubrádió, which was the country’s last major independent radio, was denied its license renewal on spurious and clearly discriminatory grounds by the media regulator, which is stacked with figures appointed directly by the Fidesz government. The media council’s ruling was upheld by the high court in September 2021. Klubradio was forced to broadcast online, greatly undermining its reach and influence. In a rare move, the European Commission launched infringe‐ ment proceedings against the Hungarian government over the decision. The regulatory pressure against Klubradio was the latest example of the Fidesz model of media capture, which over the last 10 years has systematically eroded media pluralism by engineering the closure or takeover of independent media. 

One central element of this model was Fidesz’s control over the system of media regulation. In another example of regulat‐ ory pressure on critical media, in March 2021 the Media Council of the National Media and Infocommunications Authority (NMHH) initiated legal proceedings against the RTL Hungary media group, the only remaining major critical television channel, for broadcasting an advert on TV which was aimed at raising awareness and acceptance of LGTBQ families. It brought the legal case against the inde‐ pendent broadcaster with justification that the advert was not suitable for children. The regulator said that the action was based on complaints it had received from viewers. It then reviewed the advert and decided to initiate formal proceed‐ ings against RTL Hungary, saying the ad‐ vert should only have been aired after 9pm for reasons of “child protection”. Illustrating another part of the model, in 2021 state advertising continued to be used to fund pro-government media while independent outlets were almost completely excluded, further distorting competition. 

During 2021, independent journalists in Hungary also continued to be subject to pervasive discrimination by the state in terms of access to information. The government continued to use the COVID-19 pandemic to exert further control over in‐ formation, only responding to pro-govern‐ ment media inquiries and placing a ban on local health sector representatives from talking to the media, channelling all pan‐ demic related questions through a cent‐ ralised ‘operative unit’. At the same time, access to health workers for journalists was curtailed.

 In March 2021, Hungarian independent media issued a joint letteraccusing the government of putting lives at risk by barring the media from covering the extent of the crisis in hospitals. The 28 media outlets said the reporting restrictions seriously hindered their ability to work and were aimed at shielding the 43 government from criticism over its handling of the pandemic. Access to speak with doctors and public health officials was coordinated by Hungarian government authorities. Only state media, under the control of the Fidesz party, were permitted into hospitals and COVID-19 wards to report and film. Restrictions extended to government press conferences. In June, staff from newspapers including Magyar Hang and Direkt. 36 were denied entry to a pressconference with Prime Minister Orbán, despite having registered on time. Journalists had attempted to attend the event to pose questions but were blocked at the entrance without justification, despite having accreditation. In October, the Hun‐ garian Minister of State for International Communication held a press conference in front of an almost empty room and did not invite journalists from any independent and critical news outlets. 

Journalists from what remains of Hungary’s independent media, including representatives from 444.hu and Media, only learnt about the press conference shortly afterwards on social media. However, posts from col‐ leagues working for state agencies such as the Hungarian Telegraph Office (MTI) indicated they were in attendance and had been invited in advance. Journalists also faced legal pressure. In March 2021, for example, Hungary’s Supreme Court fined Hungarian journalist Árpád W. Tóta for violating the dignity of the Hungarian nation in an op-ed article he wrote in 2018 which ironically referred to the Magyar people as “Hungarian ban‐ dits”. The journalist, a vocal critic of the government, wrote the article for news outlet HGV, an independent current af‐ fairs weekly. A legal case was brought against him by two individuals using col‐ lective personality litigation, two civil law provisions adopted during the Orban gov‐ ernments, which allow citizens who be‐ lieve their national identity has come un‐ der assault to seek legal redress. The judge ruled Tóta had infringed on Hun‐ garian law by violating the dignity of the Hungarian nation and ordered him to pay 1,000 HUF in damages. An appeals court then overturned the judgement and dis‐ missed the plaintiffs' action. A second ap‐ peal took the case to the Kúria, where the court ordered the removal of the text and a public apology from HVG and awarded damages.