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The Court of Justice ruling forces Budapest to lift restrictions on LGBTQ+ content for minors and marks a blow to Viktor Orbán's political legacy.
The Court of Justice of the European Union ruled on Tuesday that Hungary has violated EU law by banning children from accessing content related to the LGBTQ+ community. According to the ruling, Hungarian authorities must repeal the relevant legislation.
The decision is considered an important legal and political moment, as it comes on the eve of the removal of Prime Minister Viktor Orbán from office and the taking of power by his political rival, Péter Magyar.
The court stressed in a press release that Hungary’s measures against LGBTQ+ representation conflict with several EU laws and constitute “particularly serious interferences with certain fundamental rights.” The decision supports infringement proceedings previously launched by the European Commission.
The case concerns a 2021 law that restricts or prohibits the “promotion” of homosexuality and gender transition in media accessible to children. The law was adopted as part of the adaptation of EU audiovisual rules to protect minors from harmful content.
The European Commission took the case to court with the support of 15 member states and the European Parliament. Commission President Ursula von der Leyen called the Hungarian law “a disgrace” and promised to use all powers to guarantee the rights of EU citizens.
Despite the pressure, the Hungarian government continued its policies, banning the organization of Pride events last year and authorizing the use of biometric cameras to identify organizers and participants.
In a previous opinion, the court's chief legal advisor stated that Hungary has significantly departed from the model of constitutional democracy, criticizing the laws for being based on a value judgment that does not treat homosexual and non-cisgender people equally.
Following his election victory, Péter Magyar stated that he supports the right of individuals to live freely and to participate in public gatherings, including Pride, emphasizing the importance of freedom of assembly.
The European Commission may take further measures, including the request for financial penalties, if Hungary does not comply with the ruling. Commission spokeswoman Eva Hrncirova said it was now up to the Hungarian government to comply with the court's ruling.
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