On the TV-program of the Pesty Fekete Doboz titled „The Gypsy-Hungarian coexistence"

3395/2012

On the TV-program of the Pesty Fekete Doboz titled „The Gypsy-Hungarian coexistence"

The documentary of the Pesty Fekete Doboz titled „The Gipsy-Hungarian coexistence" violates the principle of equal dignity since it goes for answers to social problems on the basis of assumptions regarding ethnic origin and stereotypes – found the commissioner for fundamental rights after his inquiry carried out upon the initiative of the deputy ombudsman responsible for the protection of the rights of nationalities living in Hungary. Maté Szabó pointed out that in case of human rights violations, especially violation of the right to human dignity, the National Media and Infocommunications Authority is obliged to take official measures provided by law.

The state and its authorities – within the premises of their function of fundamental rights' protection – have the obligation to ensure that the principle of equal dignity is applied. It is not the duty of the commissioner for fundamental rights to consider the technical-editorial aspects of a TV-program, however it is within his competence to consider whether fundamental rights and constitutional requirements have been infringed in a certain program.

Máté Szabó stated that the National Media and Infocommunications Authority had formally complied with its duty of fundamental rights' protection by having conducted an official inspection, however, on the merit, it did not give due consideration to ensure equal dignity. The inspection did not consider the social, socio-psychological and media-scientific aspects and circumstances of the show, in fact it considered as a controversial issue of public debate the problem of thematising criminality as a Roma-issue. Presenting criminality and deviance as a Roma-issue, the principle of collective guilt can not be acceptable in a democratic society since it is a violation of the principle of equal dignity.

In accordance with the provisions of the Basic Law, Hungary ensures the conditions for free information which is necessary for the development of democratic public opinion. The right to free expression of editors and program managers should apply within this constitutional framework. Therefore, as a result of the program the requirement of free information essential for the development of democratic public opinion and the requirement of public service character in community media were not satisfied – found the commissioner for fundamental rights.

Máté Szabó has proposed, among others, that the National Media and Infocommunications Authoryt would act with added professional care in the course of exercising its task of fundamental rights' protection in order to protect equal dignity of vulnerable groups.

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