Legislative changes, measures

Legislative changes, measures

 

  • Due to the 4th Amendment of the Hungarian Constitution the “freedom of expression may not be exercised with the aim of violating the dignity of the Hungarian nation or of any national, ethnic, racial or religious community” and the right of individuals belonging to various communities to bring a civil law action (but not criminal law action) before the court because of hate speech is permitted. This legislative change has been hailed as a historic step by many – in particular by Jewish – communities as it makes fight against hate speech more efficient.
  • Making Holocaust denial a crime: the Parliament has amended the Hungarian penal code  to make the public denial of Holocaust a crime. The following crimes are also punishable under law: (1) violence against a member of a community; (2) incitement against a community; (3) denying publicly the crimes of National Socialist and Communist regimes; and (4) the use of symbols of totalitarian regimes.
  • Banning paramilitary groups: The rules of the Criminal Code have been tightened regarding “uniformed crime”. The Hungarian courts have ruled that the paramilitary organization ‘Magyar Gárda’ (Hungarian Guard) cannot exist as a legal entity. The Government enforces this decision by penalizing participation in the disbanded organization. The Government penalized the use of non-official uniform-like clothing to avoid intimidation by paramilitary groups. The ban on the use of such attire by paramilitary groups is intended to catch copycat organizations.
  • Tightening the House Rules on hate speech by MPs: Parliament amended the House rules after MP Gyöngyösi’s hateful remarks. The presiding chairman of the parliament now has a stronger disciplinary authority – he/she may clamp down on hateful speeches made by representatives and may suggest the exclusion of the politician for the remaining time of the daily session as well as the imposition of fees if the representative uses offensive expressions directed at national, ethnic, religious groups or individuals.
  • 50% Holocaust pension hike: The Parliament amended its yearly budget to include a 50% hike of the life annuities of Holocaust survivors in an effort to ensure a dignified retirement of those who suffered under Nazi totalitarianism. This measure will affect about 8,000 people