Appalling: New Hungarian draft law proposes one year in prison for aggressive comments online

The Hungarian draft law aimed at “Curbing Aggression on the Internet” has sparked significant debate as it seeks to impose strict penalties for online incitement to violence. If passed, this legislation could see offenders facing up to a year in prison for comments that promote violence or cruelty against individuals or groups. Advocates argue that the law is a necessary step towards safeguarding public safety and combating hate speech. Meanwhile, others worry that the regulation would harm freedom of expression in Hungary.

Hungarian draft law to battle aggressive comments

As Telex writes, a proposed Hungarian draft law on “Curbing Aggression on the Internet” has been introduced to the Parliament’s Committee on Justice. If approved and submitted to the National Assembly, the law would impose a one-year prison sentence for online comments inciting violence, torture, or death. The draft targets public expressions, including images or sound recordings, that advocate violent acts or cruelty against identifiable individuals, groups, or communities. The initiative aims to address not just individual-targeted aggression but also broader hate speech that could threaten communal safety and harmony.

The exceptions

The Hungarian draft law outlines exceptions for activities such as education, journalism, and the arts, provided they do not incite fear. The explanatory memorandum clarifies that hate speech and calls for violence are not protected forms of expression. Merely liking offensive comments is not considered an offence; however, sharing them broadly is problematic. Additionally, the draft mandates online media platforms offering comment sections to implement policies and mechanisms to address unlawful or harmful comments, particularly those promoting hate or undermining human dignity.

When does it enter into force?

The Media Council will make recommendations to enforce the effectiveness of these policies proposed in the Hungarian draft law. In addition, it will be reviewed by the Office of the National Media and Infocommunications Authority. Key provisions of the law are classified as cardinal under the Fundamental Law, requiring a two-thirds majority for approval, with the Act proposed to take effect on 1 January 2025. Government spokesman Gergely Gulyás highlighted the importance of addressing hate comments on social media, referencing lessons from the assassination attempt on Slovakia’s Robert Fico. Gulyás emphasised that freedom of expression does not extend to incitement to hatred, urging collective responsibility to combat online aggression.

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