On 11 December 2025, the European Commission decided to initiate an infringement procedure against Hungary for failing to comply with the European Media Freedom Act (EMFA) and the Audiovisual Media Services Directive (AVMSD). This is the first case in which the EMFA serves as the legal basis for an action against a Member State. The Commission sent a formal letter of notice (INFR(2025)2194) to the Hungarian government, which has two months to respond. If the response is unsatisfactory, the Commission may issue a reasoned opinion, after which the case could be brought before the Court of Justice of the European Union (CJEU). The Court may require Hungary to remedy the breaches and may also impose financial penalties.
According to the Commission, Hungary fails to comply with several EMFA provisions, including the prohibition of interference in the work of journalists and media outlets, the protection of editorial independence and freedom of economic activity, the safeguarding of journalistic sources and confidential communications, and the provision of effective judicial remedies when these rights are violated. The Commission also found that Hungary does not meet EMFA requirements regarding the operation of public service media, transparency of media ownership, assessment of media market concentration, and the objective allocation of state advertising. Furthermore, the Commission noted that Hungary fails to comply with certain AVMSD requirements concerning the independence of national media regulatory authorities.
The procedure initiated on December 11 is not an isolated case: other rule-of-law proceedings against Hungary are ongoing, including regarding the sovereignty protection law, which the Commission referred to the CJEU under an accelerated procedure.
The initiation of this procedure signals that the European Commission is taking the protection of media freedom, independent journalism, and pluralism in Member States seriously. The Hungarian government’s response and the further development of this case will be crucial for future EU media policy precedents.
Translated using AI and revised by the author
15 December 2025