EchoTV

The director of a new research institute on the history of the regime change in Hungary

Although I’m going to talk about a historical research institute today, this post is not really about history. Far from it. It is about politics. Dirty politics. About a government that wants to recast recent political events in the light of its own ideology. About the falsification of history, if you want.

What am I talking about? The Orbán government set up yet another research institute, this one under the direct control of the Office of the Prime Minister. Viktor Orbán himself chose its first director. The institute, with the cumbersome name Rendszerváltás Történetét Kutató Intézet és Archívum (Research Institute and Archives for the Study of the Regime Change), will have 20 associates and a budget of 360 million forints just for the next six months. According to some articles I read on the subject, there was only one application for the director’s position that was submitted according to specifications, that of Zoltán Bíró, a literary historian whose field of study is Endre Ady’s poetry.

Who is this man? Those who aren’t familiar with the cast of characters in the regime change or aren’t diligent readers of Magyar Hírlap or don’t watch Echo TV might never have heard his name. Zoltán Bíró likes to describe himself as “the first chairman of Magyar Demokrata Fórum (MDF).” Almost every article about him and his new institute describes him as such. Actually, the first chairman of MDF was József Antall, who was elected to the post in October 1989. Bíró was managing director of the party between March and October 1989.

He had another occasion to become well known in those years. In April 1988 he together with Mihály Bihari, later chief justice of the Constitutional Court, László Lengyel, economist and publicist, and Zoltán Király, a journalist, was expelled from MSZMP. The four told their sad tale in a book entitled Kizárt a párt (I was expelled from the party).

Bíró’s political views are of the far-right variety. He is also an expert on weaving elaborate conspiracy theories. He has a chip on his shoulder because after the appearance of József Antall he lost his bid for party leadership. He began circulating stories in which he intimated that perhaps József Antall “was sent by someone” and those someones might have been the communists who found in Antall a man with whom they could do business.

Contemporaries describe Bíró as a man who sowed the seeds of mistrust and later even hatred between the narodnik-populists (népi-nemzeti) and the urbanites, whom he liked to identify as Jewish intellectuals. According to Zoltán Ripp (Rendszerváltás Magyarországon, 1987-1990, 2006), Bíró accused them of disseminating false information about the gathering of men and women in Lakitelek, in the backyard of Sándor Lezsák, describing it as a meeting of anti-Semites. There were references to a New York Times article, but I couldn’t find it.

In any case, by 1991 Bíró left MDF and together with Imre Pozsgay, a high-level MSZMP politician, established the short-lived National Democratic Alliance. From the beginning it was clear that Bíró really didn’t want to dismantle the Hungarian communist party (MSZMP) but rather to forge an alliance between the “népi-nemzeti” members of MSZMP, like himself and Pozsgay, and the narodnik groups outside of the party that included such men as István Csurka, Sándor Lezsák, and Sándor Csoóri.

He remains a critic of the change of regime and the decision to work out the details of this new regime with all political forces, including the reform wing of MSZMP. Something went wrong, Bíró claims, and he thus rather forcefully rejects the whole period that resulted from that historic compromise.

Imre Pozsgay and Zoltán Bíró at the Convention of the National Democratic Allice, 1991 / MTI

Imre Pozsgay and Zoltán Bíró at the Convention of the National Democratic Alliance, 1991 / MTI

I suspect, therefore, that he and his colleagues in this new institute will reject the very idea of real regime change in 1990. He will most likely claim that the communists actually preserved their rule intact. I furthermore assume that this interpretation will meet with Viktor Orbán’s approval, since he often talked about the past twenty or so years as chaotic and ideologically confusing. The line between dictatorship and democracy was not clear. I’m sure he would like to have it in writing, the product of “serious” research by a “recognized” historical institute, that real regime change came only in 2010.

János Kenedi, a historian of this period and a member of the democratic opposition in the 1980s, summarized the task of the institute as “to show that Orbán’s view of the regime change is the correct one and that there was actually no regime change between 1987 and 1990.”

All that is bad enough, but according to Sándor Révész, Bíró is also no friend of western multi-party democracy. In his book entitled Saját utam (My own road), he makes that clear, expressing as well his hatred of liberals and liberalism. In 2009 in Magyar Hírlap he stated that Fidesz should even use “dictatorial instruments because one should honor and consider sacred the existence of the nation and not the doctrine of democracy and freedom.” So, concludes Révész, “the official history of the change of regime will be in the hands of someone who thinks that dictatorship is a suitable instrument in the service of the nation while democracy and freedom harms it.”

Another perfect appointment of Viktor Orbán. Another blow for historiographical integrity.

The Orbán government’s swift move toward the far right

I wrote about some of the people who received high awards from the Orbán government on March 15, one of the official national holidays in Hungary. They were either racist, antisemitic neo-Nazis or representatives of unscientific, bogus “scholarship” whose numbers have been growing in Hungary in the last twenty years or so. The greatest attention was showered on Ferenc Szaniszló, who received the Táncsics Prize from Zoltán Balog.

I left the story at the point that Zoltán Balog claimed that he knew nothing about Szaniszló’s program on EchoTV. He simply accepted the recommendation of the committee appointed by the Orbán government and made up of right-leaning journalists. Balog also insisted that he couldn’t withdraw the prize. Either Szaniszló gives it back on his own volition or everything remains as is. (I might mention here that when the writer Ákos Kertész made the mistake of saying something derogatory about Hungarians his honorary citizenship of Budapest was withdrawn without the slightest difficulty.) In any case, Balog wrote a letter to Szaniszló in which he practically begged him to return the prize. He did, but only after he delivered another of his harangues on March 18 in an extra edition of Világ-Panoráma. This extra edition was just as long as his other programs, but this time it dealt only with all the indignities he had to suffer from the “szocik” and the “liberok.” One shouldn’t have expected anything else, but at least at the end he announced that he would return the prize–but not to the ministry but to the U.S. Embassy!

Balog might have thought that his troubles were over, but then came the revelation in Heti Válasz, a right-wing, pro-Fidesz publication, that Balog hadn’t told the truth earlier. The committee didn’t recommend Szaniszló for the prize. In fact, as Ágnes Osztovits, who is on the staff of Heti Válasz, revealed, the committee endorsed only one person, a reporter for Magyar Rádió, out of the three who eventually received the awards. In addition to Szaniszló, Márta Ágnes Vertse of Vatikán Rádió was also picked by the ministry against the advice of the nominating committee. Moreover, Heti Válasz learned who promoted Szaniszló and Vertse. None other than the new undersecretary in charge of cultural affairs, János Halász. Balog doesn’t seem to have much luck with his undersecretaries. He couldn’t get along with László L. Simon, who after eight months was fired, and now here is Balog’s own man who immediately gets him into trouble. Both the American and the Israeli embassies officially protested and demanded immediate action in connection with the case.

Szaniszló became an international cause célèbre, although he wasn’t the only one whose recognition by the Hungarian government was questionable. Let’s start with the award of the “Magyar Érdemrend középkeresztje” to Gábor Széles, who is the owner of the very EchoTV that employs Szaniszló in addition to Zsolt Bayer. Széles is also the owner of Magyar Hírlap where Zsolt Bayer is senior editor. Or there is Kornél Bakay, the “archaeologist” who received the “Magyar Érdemrend Tisztikereszt (polgári tagozat)” on March 15. When he was the director of the museum in Szombathely in 2003 Bakay organized an exhibit entitled “Soldiers of Horthy, Arrowmen of Szálasi.” On the basis of this exhibit it became clear that Bakay is “an enthusiastic propagandist of the Szálasi cult.” After a huge outcry the exhibit was dismantled.

The government claims that these awards, decorations, and prizes demonstrate the “Hungarian nation’s recognition of and gratitude to those who represent the best of the nation.” So, let’s see what János Petrás, lead singer of the “nemzeti” rock band, represents because he also received the “Magyar Arany Érdemkereszt (polgári tagozat).” This pride of the nation said at the “Magyar Sziget” neo-Nazi gathering in 2009: “Those people–who are really not human as far as we are concerned–are misfits, inferior somethings. They are gay and they are proud of it….One day this breed will become extinct. They should go somewhere and live together but separately. We will pass a law that will state that we don’t tolerate this perversity.”

It is hard to imagine that all these awards, prizes, and decorations given to people belonging to the far right are simply mistakes. There is a concerted effort to court the Hungarian neo-Nazis. It is government policy. So is the whipping up of nationalist sentiment.

Orbán imitates members of the Magyar GárdaPhoto MTI / Attila Kovács

Orbán imitates the uniform of the Magyar Gárda
Photo MTI / Attila Kovács

This morning I was reading about Viktor Orbán’s latest Friday morning interview on Magyar Rádió when I noticed something that might be significant. Normally on such an occasion Orbán wears a suit but no tie. This morning it was brisk in Budapest. During the day, around 6°C. At 7:00 a.m. it was most likely close to O°. Yet Orbán appeared in a white shirt with a black vest. An outfit preferred by people who are close to Jobbik or the far right in general. Journalists noted, for example, that Attila Vidnyánszky, the new director of the National Theater, began wearing this type of outfit lately; he seems to have committed his career to creating a truly “national” theater.

I suspect that Orbán’s choice of clothing this morning was a conscious decision to be identified with the Hungarian far right. The outfit was certainly appropriate, given the content of the speech in which he made no bones about his determination not to accept lectures or limits on Hungary’s national sovereignty from Brussels. As one of the headlines in a paper reporting on the speech read, “Orbán: They shouldn’t phone here from Brussels.” And that was before it became known that José Manuel Barroso, president of the European Commission, will in the future personally oversee all contested issues concerning the amendments to the Hungarian constitution. Perhaps it is not only telephone calls that should stop coming from Brussels. What about money?

Ulrike Lunacek, European PM, sues Zsolt Bayer

Does the name Ulrike Lunacek ring a bell? For the faithful readers of Hungarian Spectrum it should.  She is an Austrian member of the European Parliament who at the European Parliament’s Committee of Civil Liberties, Justice and Home Affairs hearings on “The Situation in Hungary” called attention to the fact that in the much glorified Peace March of January 2012 there were a number of antisemitic posters. That prompted Zsolt Bayer to call her all sorts of names on EchoTV, the far-right television station whose owner, Gábor Széles, also owns Magyar Hírlap. The staff of the television station and the newspaper overlap. Zsolt Bayer writes a weekly column in the paper and also has a political show on Friday nights on EchoTV called ” Korrektúra.” The details can be read in a post that appeared here on February 15 entitled “Fidesz style: Ulrike Lunacek versus Zsolt Bayer.” 

Ulrike Lunacek was right. There were antisemitic posters carried by the peace marchers.

Ulrike Lunacek was right. There were antisemitic posters carried by the peace marchers.

Here are a few choice words of Zsolt Bayer. “Then comes a half-witted [The Germans translated it as ‘brain amputeed’] impetiginous lying idiot, Ulrike Lunacek, and I expressed myself delicately … The whole rotten filthy lie from the mouth of a rotten filth bag.” He went on and told the audience his opinion of the European Union in general: “The Union not only has no ethos, it has nothing. The Union has Daniel Cohn-Bendit and Neelie Kroes, and that little green, one cannot even remember her name, yes, Ulrike Lunacek.”

But the world is small and Ulrike Lunacek read about Bayer’s remarks and insisted that EchoTV distance itself from Zsolt Bayer. Naturally, they didn’t. Then she turned to the Media Authority. Again, nothing happened. But, it seems, Ms Lunacek is insistent. She decided to sue Zsolt Bayer. Here is the claim she submitted to the Metropolitan Court (Fővárosi Bíróság).

* * *

 

Metropolitan Court

1055 Budapest,

Markó u. 27.

To the honorable Metropolitan Court,

Ulrike Lunacek (address: European Parliament, Bât. Altiero Spinelli, 08G169; Rue Wiertz 60, 1047 Bruxelles, Belgium) as claimant hereby submits the following

claim

through her appointed, external legal representative against Zsolt Bayer as first defendant (2098 Pilisszentkereszt, Tölgyfa utca 13.) and ECHO HUNGÁRIA TV. Co. (1145 Budapest, Törökőr u. 78.) as second defendant requesting the Court to declare violation of personality rights, to prohibit from further infringement and to claim for damages.

Hereby I apply to the Court to declare violation of the claimant’s personality rights and prohibit the defendants from further infringement based on the detailed justification below, in accordance with Section 75 and 76 of the Civil Code, also considering points a) and b) of Section 84 Paragraph (1).

In accordance with Section 84 Paragraph (1) point e) and Section 339 and 355 of the Civil Code I apply to the Court to oblige the defendants to pay 300000 HUF (1st defendant) and 500 000 HUF (2nd defendant) for the damages, including interests calculated from the 9th of February, 2012.

The justification of our action is the following:

I. Brief summary of the case

In the TV show titled Korrektúra, broadcast on ECHO TV (2nd defendant), the 1st defendant made the below quoted statements, severely violating the claimant’s personality (inherent) rights. The statements were made as reactions to the claimant’s speech at the hearing of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) on the 9th of February, 2012. The recording of the speech was not presented in the program and the interpretation of its content was significantly biased.

„Then comes a brainless, impetiginous, lying idiot, Ulrike Lunacek, (…) and how nicely I expressed myself. (…) The whole thing is a rotten, dirty lie from the mouth of a rotten dirt.

After this the presenter and the other persons participating in the program make ambiguous comments questioning the femininity of the claimant and they seem to enjoy their own „wittiness”.

1. Violating inherent rights by declaring infringing ” opinion”: slander and violation of human dignity.

According to our position, the defendants severely violated the personality rights of the plaintiff by making fun of her femininity in a manner that would be unacceptable in a pub as well, not only in a TV show. The verbal abuse was pointless and uncalled for, ignoring the human dignity of the plaintiff. Although the plaintiff, as a member of the European Parliament and as a public figure must endure criticism and critical opinion but she should not be required to tolerate vulgar and abusive statements and remarks that hurt her female dignity.

Points (2) –(3) of Article Q of the Fundamental Law of Hungary states that Hungary shall ensure harmony between international law and Hungarian law in order to fulfill its obligations under international law. Hungary shall accept the generally recognised rules of international law. Points (1)-(2) of Article I of the Fundamental Law acknowledge that the inviolable and inalienable fundamental rights of MAN shall be respected and defended by the State as a primary obligation. Hungary shall recognise the fundamental rights which may be exercised by individuals and communities.

Article II of the Fundamental Law states that human dignity shall be inviolable. Every human being shall have the right to life and human dignity; embryonic and foetal life shall be subject to protection from the moment of conception.

According to Article 10 of the European Convention on Human Rights integrated into the Hungarian legal system in the XXXI. Act of 1993 everyone has the right to freedom of expression. According to the 2nd point, the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society (…) for the protection of the reputation or the rights of others.

According to Point 2 Article 19 of the International Covenant on Civil and Political Rights, integrated into the Hungarian legal system in the Act No. 8 of 1976, everyone has the right to freedom of expression. Point 3 states that the exercise of the rights provided for in paragraph 2 of the article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary for respect of the rights or reputations of others (…).

According to Section 75 Paragraph (1) of the Civil Code, inherent rights shall be respected by everyone. These inherent rights are protected by law. Within the meaning of Section 76, discrimination against private persons on the grounds of gender, race, ancestry, national origin, or religion; injury of body and health, violation of the freedom of conscience, any unlawful restriction of personal freedom, contempt for or insult to the honor, integrity or human dignity of private persons shall be deemed as violations of inherent rights.

According to common judicial practice, criticism that is wantonly offensive or humiliating, or that is wantonly hurtful and humiliating in its phrasing,  can be considered infringing ( BH 1993.89; BH 2002.352; BTD2006.1466).

Without any doubt, the 1st defendant formulated his negative opinion about the plaintiff in a deliberately malignant way, ignoring human dignity. The phrases that he used are obviously unduly humiliating, brutal beyond reason and deliberately degrading.

2. Sanctions

Based on the above elaborated aspects we claim that the defendants violated the inherent rights of the plaintiff, therefore we apply to the honorable Court to impose both objective and subjective sanctions.

We request the honorable Court to:

a)                  establish that infringement has taken place based on Section 75 Paragraph (1), Sections 76 and 78 and Section 85 Paragraph (3), taking into consideration point a) of Section 84 Paragraph (1) of the Civil Code.

b)                 to oblige the defendants to terminate the infringement and prohibit them from further infringement based on Section 75 Paragraph (1), Sections 76 and 78 and Section 85 Paragraph (3), considering point b) of Section 84 Paragraph (1), having regard to the regularity of the articles and programmes.

c)                  to oblige the defendants to pay 300000 HUF (1st defendant) and 500000 (2nd defendant) indemnification for non-pecuniary damages as well as its interests calculated from the 9th of February, 2012, based on Section 75 Paragraph (1), Sections 76 and 78 as well as Section 84 Paragraph (1) point e).

Based on the above explained aspects, our position is that the defendants unambiguously violated the inherent rights of the plaintiff, therefore we think that the necessity of imposing objective sanctions is not questionable and does not require further justification.

As a result of the abusive TV program of the defendants, the plaintiff was sought out by several people, she was questioned about the statements made in the program: she is continuously forced to make explanations. The vituperative nature of the TV program instigating hate against the plaintiff is unambiguous.

As a Member of Parliament, the trustworthiness and credibility of the plaintiff have outstanding significance, therefore the negative effects of discrediting and verbally abusing her in front of the wide public are hard to estimate.

According to our position the amount of the indemnification for non-pecuniary damages claimed by the plaintiff is in accordance with the current judicial practice and cannot be considered exaggerated having regard to the severe infringement that has taken place.

In view of the above we kindly apply to the the honorable Court to accept our request and to award the defendants our litigation costs.

A 1990. évi XCIII. törvény 62.§ (1) f) pontja alapján felperest illetékfeljegyzési jog illeti meg.

A Tisztelt Fővárosi Törvényszék hatáskörét a Pp. 23. § (1) bekezdésének g) pontjára, illetékességét a Pp 30. § (1) és 40. § (3) bekezdéseire alapítjuk.

Budapest, 11th of February, 2013

Sincerely,

on behalf of the plaintiff Ulrike Lunacek