The Court of Justice of the European Union on Tuesday ruled Hungary’s 2021 law restricting content related to LGBTQ+ issues violates EU law.
Controversial 2021 Law
In 2021, the outgoing government of Hungarian Prime Minister Viktor Orbán passed a law concerning “stricter measures against perpetrators of pedophilic crimes and amending certain laws to protect children.” The law introduced prohibitions or restrictions on presenting and promoting content relating to homosexuality, gender change, and “deviation from the identity appropriate for the sex assigned at birth” in media, advertising, electronic commerce, and education aimed at minors.
European Commission Challenge
The European Commission challenged the Hungarian law before the Court of Justice of the EU (CJEU), with 16 member states, including Poland, joining the complaint. The CJEU found all the complaints raised by the Commission to be justified.
Violation of EU Values
In its ruling Tuesday, the Court for the first time in a case against a member state found a violation of Article 2 of the Treaty on the EU, which lists the values on which the European Union is based. This article states the EU is founded on “respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.”
Discrimination Against Transgender Individuals
The CJEU determined that provisions of the Hungarian law relating to content presenting or promoting deviation from gender identity assigned at birth, gender change, or homosexuality constituted a set of discriminatory measures that violated the rights of transgender individuals. These provisions also contradicted the values of respecting human dignity, equality, and respect for human rights, including the rights of persons belonging to minorities.
Member State Competencies
The Court emphasized that member states have the discretion to determine which content, particularly audiovisual content, may be harmful to the development of minors. However, states must exercise this discretion with respect for EU law, which prohibits discrimination based on gender and sexual orientation, as well as respect for private and family life and freedom of expression.
Criticism from TISZA Party Leader
Peter Magyar, leader of the TISZA party which won parliamentary elections in Hungary on April 12th and the future prime minister, criticized the law, stating it was a propaganda tool for Viktor Orbán’s government.
