Expert assessment

It is true that the Austrian Communications Authority (KommAustria) is currently responsible for supervising Austria's public broadcaster as well as audiovisual media services and audiovisual commercial communications on the Internet.43 However, KommAustria does not regulate the print or online press: its remit over online media extends to audiovisual on-demand (Internet TV and radio), advertising, and online content supplied by ORF. The print and online press are regulated under a separate Press Law, as well as by provisions in the civil, constitutional and penal laws, and monitored by various federal ministries, the courts, and more recently, the self-regulatory Austrian Press Council. 44 For instance, all media and websites are bound by provisions in the civil and penal codes, which prohibits certain content—for instance, the dissemination of Nazi materials and symbols—although these areas are governed by the criminal authorities, the Interior Minister, and the courts, and not specifically by KommAustria.45 Hence, the use of the Austrian example does not adequately address the criticism to which the Hungarian Government is responding, as in Austria, print and online press (other than that supplied by ORF) are regulated separately from audiovisual services.