1987. Különkiadvány, 1987.10.01 / HU_BFL_XIV_47_2
- The requireoent that the founder of a nevepaper or publishing houae must be a legal entity ia too generál; the founder'• rights in connection vith •etting editorial policy are nőt spelled out; and the editorial ataff ia nőt protected from unvarranted interference by the founder.- The bana that define the limité of the freedom to report are confu8Íng and xan be applied arbitrarily; adequate regulationB are lacking as to vhich government branch can enforce theae bana, and by vhat procedurea. Thia legally and politically intolerable aituation can be remedied in several vaya. The deairable ultimate objective ia the regulation that conatitutional democraciea employ: no licenae ia required beforehand; any peraon or legal entity may found a nevepaper or a publiahing businesa; accordingly, the mutual righta of the founder and editorial ataff are spelled out in civil-lav contracta, and there ia no need to define theae mutual righta by statute; the rangé of bana ia kept as narrov as poaaible, the bana are uaually clearly defined, and their enforcement ia excluaively through the courts. Thia much doee nőt fit intő the political structure that can reaaonably be demanded in Hungary today. The objective of the ideas presented belov is more modest: to clearly define the limité of official control of the présé, and to indicate hov the presa can obtain protection from unvarranted interference. We need licenaing regulationB that are nőt diacretionary.- The only thing the licenaing authority ehould be alloved to examine ia vhether the publiahing program of the nevepaper or publishing houae that is to be founded conforma to the State'a conatitutional order, and vhether there is a peraon vho could be held accounteble fór compliance vith the lav. When theae conditions have been met, a licenae must nőt be denied.- Only the nevapapers and publiahing houses founded by the party can be expected to have publishing programé completely in line vith the objectivee of official information and cultural policiea. The other nevapapers and publishers are nőt the Communications média of the party or the government; therefore they can be influenced only through statutory regulát ioné.- The existence of a social need fór the propoaed publications cannot be a condition fór obtaining a licenae. Demand can be meaaured only in the marketplace, and poaaible failure ia a risk that the founder must bear.- Poaaible failure to obtain aufficient financing, and to enaure adequate supply of equipment and matériáié fór the operation of the nevepaper or publishing houae, is another of the founder'a riaka. It is intolerable that the Government Information Office, the same agency vhich allocates nevaprint fór the nevapapers, ia able to deny an application fór a licenae to found a nevepaper, because nevsprint ia in ehort eupply. The state'a monopoly of nevaprint allocation must end. Z4# __________________2^__________________________________
