1987. Különkiadvány, 1987.10.01 / HU_BFL_XIV_47_2

The cultural, educational and scientific journals, and the book publiahera influence public opinion only indirectly and in the long term. Therefore the reBtrictions on vho may found a journal or a publishing houee are nőt justifiable even under the preaent aystem.- Organirationé vith public-lav status, civil-lav associations, and entrepreneurs forming companies (or individually) must be alloved to found a journal or publishing house.- Political interference must cease entirely in tbis area, and it is reasonable to restrict only by statute vhat may be communicated to the public.- The status of the State publishing bouses must be changed. When the név aystem of enterprise management vas introduced, the State publishing houBes vere placed in the same category as the public Utilities, i.e., in the category of business organizations vhose chief ezecutives are appointed by a government agency, in the same vay as before. The State publishing houses should be reclassified intő the eláss of self-managed enterprises. In viev of their size, it vould be ezpedient to assign the State publishing houses intő the subclass of enterprises vhere the generál meeting of vorkers elects the chief executive.

There must be an end to arbitrary censorship.

Censorship's lavful reBtrictions must be defined more accurately.- The Pres6 Lav employs liability to criminal prosecution as the primary yardstick of censorship restriction. When deseribing vhat is protected, the Press Lav lists the types of political erimes and offenses against morality that can be committed in the press (Section 3, Paragraphs 1 and 2). Their definitions must by all means be narroved to acts punishable vithout any violation of basic civil rights. From the vievpoint of the preBS, it appears essential to narrov first of all the definitions of incitement (Section 148) and disruption of lav and order (Section 269 [of the Criminal Codel). The stating of fact6, and criticism based on facts cannot constitute criminal offenses. The author of a vork should be liable to criminal prosecution only if he (1) directly calls fór committing a violent erime against any institution or group protected by the Constitution, or (2) incites hatred of individuals or groups.- As a rea6on fór denying a request fór informát ion from the press, the PresE Lav (Section 4, Paragraph 1) mentioné the bán on unauthorized disclosure of State, official, industrial and personal secrets. Bút there is no reference to the need to define the statutory eriteria fór the classification of information. Without such eriteria, classification sérvéé to protect unlavful secrecy. This ought to be a misdemeanor, or a erime vhen somé important public interest has been violated.- The Pres6 Lav doee nőt discus6 at all the subjects vhose criticism Í6 neither a criminal offenee nor disclosure of secrets, yet they are forbidden to the press. (Ezamples: Hungary's dependent status, and Warsav Pact

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