Communication from the National Radio and Television Commission on the investigation of the programme “Az igazság ára – Nothing But the Truth” broadcast by the national commercial television broadcaster TV2

The National Radio and Television Commission (ORTT) – based on an ex officio investigation – established by a unanimous decision that the broadcaster, TV2 violated the constitutional requirements of privacy, informational privacy, and human dignity, thus the basic principles of Act I of 1996 on radio and television broadcasting (hereinafter: the Media Act) . In its resolution, ORTT suspended the broadcaster’s broadcasting rights for 30 minutes.

In its reasoning, ORTT refers to an interpretation by the Constitutional Court from 2007, according to which ORTT – based on Section 3 paragraph 2 of the Media Act – has the right to establish, whether a broadcaster operates by respecting human dignity or whether the topics, characteristics or approach of the programmes do not violate basic values enshrined in the human dignity. According to Section 3 paragraph 2 of the Media Act “Broadcasters shall operate with respect to the constitutional order of the Republic of Hungary, their activities may not violate human rights and may not contain facilities for inciting hatred against individuals, sexes, peoples, nations, national, ethnic, linguistic and other minorities, and church or religious groups.”

Upon analysing the contents of the programme entitled “Az igazság ára – Nothing but the Truth” ORTT established that the series – to which the broadcaster refers to as a “psychological game” – relays the message that the human personality has no inner, untouchable sphere, human beings can be degraded to utter humiliation. In the programme, the participants undertake to reveal their most intimate sphere in order to win the prize money, thus relaying the message that human dignity is not inviolable but can be made public in return for money.

Players in the programme are required – in return for the prize money – to reveal their most intimate sphere and make it accessible to public. As the game progresses, the questions target more and more intimate spheres and players lose the last bits of their autonomy. The players can end up in a situation when their control over their personal data may cease to exist even if they decline to answer a question. This is due to the fact that although the players had volunteered to relinquish their privacy, declining to answer a question – that would otherwise be honoured with a big prize money – tantamounts to admitting to the statement embedded in the questions. Thus all escape routes to save privacy are blocked. This in itself is incompatible with the all pervasive requirement of honouring human dignity and privacy.

Based on the above, ORTT established that the characteristics and approach of the film entitled “Az igazság ára – Nothing But the Truth” gravely violates privacy, informational privacy and the constitutional requirement of honouring human dignity, thus violating Section 3 paragraph 2 of the Media Act.