Home > Uncategorized > Klubrádió can begin its fight anew for the 92.9 MHz frequency

Klubrádió can begin its fight anew for the 92.9 MHz frequency

July 13, 2012

Yesterday the appellate court handed down its decision in the case of Klubrádió v. the Media Authority. The result is that the station’s fate is still in limbo.

Some of the rulings were favorable from Klubrádió’s point of view. The Budapest Appellate Court (Fővárosi Ítélőtábla) decided that the Media Authority had an obligation to sign a contract with Klubrádió after the station won the 92.9 MHz frequency. It also ruled that the Media Authority’s decision to prevent Klubrádió from acquiring the frequency was null and void. The judge announced that the lack of a signed contract was solely the fault of the Media Authority. And the court dismissed the contention of the Media Authority that the existence of two contracts for two different stations was illegal and ruled that Klubrádió’s verbal assurance that it will relinquish one of the frequencies is sufficient. All good news. But that’s not how things work in Hungary.

Despite all the favorable rulings, the Appellate Court didn’t find the reasoning behind the lower court’s decision satisfactory. What caused the problem was that the Media Law adopted recently can be applied retroactively. Therefore, the judge sent the case back to the lower court to rule on the case in light of the new, retroactive Media Law.

So, the whole disgusting game the Media Authority is playing with the only opposition radio station is beginning anew. Klubrádió can start from square one.

It is obvious that the Hungarian government is ready to go very far to silence Klubrádió.

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  1. petofi
    July 13, 2012 at 6:08 pm | #1

    “Retroactive Law”–what the hell is that?

    Does the EU allow such a thing?

  2. Gretchen
    July 13, 2012 at 6:26 pm | #2

    As we have been told before, the EU cannot tell Hungary what to do.

  3. Some1
    July 13, 2012 at 6:49 pm | #3

    This whole thing start to unfold like a newly discovered, hidden Kafka novel.

  4. LwiiH
    July 14, 2012 at 7:13 am | #4

    petofi :
    “Retroactive Law”–what the hell is that?

    The retroactive law has been a “feature” of Hungarian governance for some time. It’s a great way to correct mistakes or the past. Unfortunately it only works inside the country or the whole world would be fixed by now. Got a problem with that????

  5. July 14, 2012 at 7:27 am | #5

    LwiiH :

    petofi :
    “Retroactive Law”–what the hell is that?

    The retroactive law has been a “feature” of Hungarian governance for some time. It’s a great way to correct mistakes or the past. Unfortunately it only works inside the country or the whole world would be fixed by now. Got a problem with that????

    It is not easy to find one’s way around Hungarian law. I think that the reasoning is the following. Klubrádió won a frequency that was reserved for public service stations and therefore it was free. The Media Authority refused to sign the contract but now, more than two years later, the new Media Law states that a radio station can receive a free frequency only if that frequency’s free status was declared by the present Media Authority. But 92.9 MHz was not declared to be a free frequency by Annamária Szalai’s crew.

    I am not 100 % sure of my understanding of the issue but this is the best I can come up with. Catch 22.

  6. petofi
    July 14, 2012 at 8:26 am | #6

    LwiiH :

    petofi :
    “Retroactive Law”–what the hell is that?

    The retroactive law has been a “feature” of Hungarian governance for some time. It’s a great way to correct mistakes or the past. Unfortunately it only works inside the country or the whole world would be fixed by now. Got a problem with that????

    “Correct the Law or the past….”–love that part about correcting the past. But I can believe
    that Hungarians possess those special powers…atleast, Orban does.

  7. Odin’s Lost Eye
    July 14, 2012 at 10:48 am | #7

    Retrospective legislation is forbidden – see the charter of human rights
    ARTICLE 7
    1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
    2. This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according the general principles of law recognized by civilized nations.

    But to enforce this someone would first have to been found guilty first.

  8. petofi
    July 14, 2012 at 3:02 pm | #8

    Retroactive Laws…I think such things do exist in common law societies but generally it pertains to a past wrong committed by the government. Therefore it is ameliorative and never punitive.

    One cannot say that about Orban’s retroactive laws…

  9. LwiiH
    July 14, 2012 at 3:48 pm | #9

    petofi :
    Retroactive Laws…I think such things do exist in common law societies but generally it pertains to a past wrong committed by the government. Therefore it is ameliorative and never punitive.
    One cannot say that about Orban’s retroactive laws…

    Yes, and that is just another shinning example of where OV is setting an example that all western democracies need to be following or society, just like their economies, will completely collapse. Can’t you see, the charter of rights clearly has it wrong.

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