Hungary – EUCAM

This page contains information on statutory alcohol
marketing regulations in Hungary (table 1); a description of the restrictions per medium (table 2); labelling information (table 3); information on non-statutory alcohol marketing regulations (table 4); the complaints procedure; a summary about the Hungarian regulations on alcohol marketing and an exhaustive, downloadable document from the ELSA research project.

The Hungarian legal system fosters the establishment of self- and co-regulatory bodies. There is one co-regulatory body in Hungary which is responsible for the regulation of advertising the Advertising Self–Regulatory Board http://www.ort.hu

The Board is responsible for setting out detailed rules for advertising, including the regulation of the advertisements of alcoholic beverages. The Board adopted the Hungarian Code of Advertising Ethics, which has a whole chapter on the advertisements of alcoholic beverages.

Updated April 2019

Show more about the complaints procedure in this country>>

Complaints procedure
Law on Economic Advertising Activity:
Complaints can be made to:
1 EASA The European Advertising Standards Alliance (EASA) brings together national advertising self-regulatory organisations (SROs) and organisations representing the advertising industry in €pe. In Hungary it is the Önszabályozó Reklám Testület (ÖRT).
2 Directorate of Consumer Protection and its county branches
3 The Hungarian Advertising Association, Ethical Committee
4 The court
5 Competition Council /Gazdasági Versenyhivatal/. Marketing practices can be continued as long as legal proceedings are ongoing. The possibility of complaining is regulated by the law itself. Information can be found on the internet. Sanctions, where appropriate, are imposed by the court and the Directorate of Consumer Protection and the sanction can be a fine depending on all the conditions under which the violation occurred, with special regard for the violation of the customer’s rights or the sanction can be a ban or suspension, when the marketing practice or advertisement in question can be banned or suspended. The results of procedures are publicly announced. Corrections needed to be made; the decision has to be published in the same media where the violation happened (e.g. the tv channel must suspend its activity for some minutes displaying the information that according to the decision of .. in accordance with .. law, the broadcasting activity must be suspended because of violating the law with.. the activity). The minimum and maximum amount of time the procedure officially takes is unknown.

Media Law – Act on radio and tv broadcast:
Complaints can be made to:
1 EASA The European Advertising Standards Alliance (EASA) brings together national advertising self-regulatory organisations (SROs) and organisations representing the advertising industry in Europe. In Hungary it is the Önszabályozó Reklám Testület (ÖRT). The Advertising Law, passed in 1997, recognises the role of self-regulation. More recently introduced framework legislation affecting advertising is inspired by EU Directives. Self-regulation in Hungary dates from 1981 and the system was completely overhauled in 1996, when the present SRO was set up.
2 Directorate of Consumer Protection and its county branches
3 The Hungarian Advertising Association, Ethical Committee
4 The court
5 Competition Council /Gazdasági Versenyhivatal/ When a possible violation has been reported and the legal procedure is in process a marketing practice can still be used. The possibility of complaining is made known to the public /it is regulated by the law itself. Besides this information can be found on the internet/. Sanctions, where appropriate, are imposed by the court and the Directorate of Consumer Protection and there can be a fine, which depends on all the conditions under which the violation occurred, with special regard for the violation of the customer’s rights – what rights were violated, how seriously, for how long and how frequently it was repeated; or the marketing practice or advertisement can be banned or suspended. The results of procedures are publicly announced. Corrections have to be made; the decision has to be published in the same media where the violation happened (e.g. the tv channel must suspend its activity for some minutes displaying the information that according to the decision of .. in accordance with .. law, the broadcasting activity must be suspened because of violating the law with.. the activity)]. The minimum and maximum amount of time the procedure officially takes is not known.

Show more detailed information about the alcohol marketing regulations in this country>>

Questions about health related governance and health impacts of different policy measures are often raised in parliamentary debates, and health commissions of parliament assess the impact of most of the legislative acts from a health perspective. However, health considerations do not often explicitly and significantly influence parliamentary decisions and the parliament does not have implementation mechanisms by nature.

Government policy in Hungary is significantly influenced by EU membership. Government documents reflect the philosophy and considerations of the EU Public Health Action Plan and the principle of horizontality. Thus government policy documents in this field are, at least at the verbal level, inspired and influenced by the Health for All policy of the WHO and other WHO policy documents (e.g. nutrition policy, environment policy).

Some important legislative steps were taken in 1997 (Act on Health, incl. public health) and in 1999 and 2000 (Act on Protection of Non-smokers and amendment on Commercial Advertising regulating tobacco and alcohol ads) but these did not fit into a larger framework. There is a long-term strategy of public health in Hungary, adopted by the parliament in 2003 with 4 main strategic directions (1. Creating a health-promoting social environment; 2. Programmes of Healthy Lifestyle – reducing the risk factors; 3. Prevention of avoidable death, illness and handicap; 4. Improvement of the health care and public health system). One of the subprograms of the main strategic directions, the “Programs of Healthy Lifestyle, Reducing the risk factors” focuses on alcohol and drug prevention.

The programs of healthy lifestyle are aimed at changing the lifestyle of Hungarian citizens to be healthier, since there is a lot to do in this field. Hungarian drinking and smoking habits are direct causes and reasons of bad morbidity and mortality rates. The habits of alcohol consumption and drinking are culturally deeply embedded, so it is difficult to influence them. Besides, most of this behaviour occurs in the private sphere, hidden from the public, within families.

Later on the Ministry of Health asked experts to elaborate a background paper for future alcohol policy and so the first draft of a National Alcohol Policy has been prepared without any further action budget. Nevertheless, according to the new priorities of the National Public Health Program – one of them is mental health – there is a clear need to draft and adopt a new alcohol policy.

However, there are regulations, statutory and non-statutory as well, regulating the sale, promotion and marketing of alcoholic beverages. One important factor is the EU membership, which also had a great influence on Hungarian regulations. Due to the process of harmonisation of laws, there was a need to create new updated codes and regulations. Accordingly the implementation of the Council Recommendations in Hungary are reflected by national regulations, aimed at preventing alcoholic beverages being produced, advertised and marketed aiming at young people. As in many other countries it was necessary to introduce rules to protect the physical, mental and moral development of minors as well, though there are some uncovered areas, especially as far as sport and music events and sponsorship are concerned.

Table 1	Statutory Alcohol marketing regulations in Hungary	Coverage
	Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities	The provisions are applicable to advertisements in all kinds of audiovisual media services, radios, press products, websites, on the packaging of goods etc.
	Act CLXXXV. of 2010 (Media Act)	This act applies to all kinds of commercial communications (not only advertising, but sponsorship and product placement as well) that appear in media services. According to the Hungarian Media Act, media services are the audiovisual media services (television and video on demand) and radio services. (Therefore commercial communications online, for example on websites, and in printed press products does not fall under the scope of this Act.)

Table 2 Regulations per medium	Type of restrictions
TV	Section 24. § paragraph (2) of the Media Act sets out the following: (2) Commercial communications pertaining to alcoholic beverages broadcast in media services: a) shall not be aimed specifically at minors; b) shall not show minors consuming alcohol; c) shall not encourage immoderate consumption of such beverages; d) shall not depict immoderate alcohol consumption in a positive light and refraining from alcohol consumption in a negative light; e) shall not link the consumption of alcoholic beverages to enhanced physical performance or to driving; f) shall not create the impression that the consumption of alcoholic beverages contributes to social or sexual success; g) shall not claim that alcohol has therapeutic qualities or that the consumption of alcoholic beverages is a stimulant or a sedative, or that alcoholic beverages are a means of resolving personal conflicts; h) shall not create the impression that immoderate alcohol consumption may be avoided by consuming beverages with low alcohol content or that high alcohol content is a positive attribute of the beverage.
Radio	Section 24. § paragraph (2) of the Media Act sets out the following: (2) Commercial communications pertaining to alcoholic beverages broadcast in media services: a) shall not be aimed specifically at minors; b) shall not show minors consuming alcohol; c) shall not encourage immoderate consumption of such beverages; d) shall not depict immoderate alcohol consumption in a positive light and refraining from alcohol consumption in a negative light; e) shall not link the consumption of alcoholic beverages to enhanced physical performance or to driving; f) shall not create the impression that the consumption of alcoholic beverages contributes to social or sexual success; g) shall not claim that alcohol has therapeutic qualities or that the consumption of alcoholic beverages is a stimulant or a sedative, or that alcoholic beverages are a means of resolving personal conflicts; h) shall not create the impression that immoderate alcohol consumption may be avoided by consuming beverages with low alcohol content or that high alcohol content is a positive attribute of the beverage.
Outdoor marketing	Section 18. § of the Commercial Advertising Act states the following: (1) No advertisement may be disseminated relating to alcoholic beverages that: a) is addressed to children or young persons; b) depicts children or young persons; c) encourages immoderate consumption of alcohol or presents abstinence from the consumption of alcoholic beverages or moderation in a negative light; d) links the consumption of alcohol to enhanced physical performance or to driving; e) creates the impression that the consumption of alcohol contributes towards social or sexual success; f) claims that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts; g) claims that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts; or h) places emphasis on high alcoholic content as being a positive quality of the beverages. No advertisement may be disseminated relating to alcoholic beverages: in public education and healthcare institutions, or on any outdoor advertising media situated within a two hundred-meter radius from the entrance thereof.
Printed media	) No advertisement may be disseminated relating to alcoholic beverages: a) on the outside of the first page of any printed media, or on the home page of a website;
Cinema	) No advertisement may be disseminated relating to alcoholic beverages: In theaters or cinemas before 20:00 hours, as well as immediately preceding any programs for children or young persons, during the full duration thereof, and immediately afterwards;
Internet/digital media	No advertisements may be disseminated to alcohol beverages on the home page of a website; Section 24. § paragraph (2) of the Media Act sets out the following: (2) Commercial communications pertaining to alcoholic beverages broadcast in media services: a)shall not be aimed specifically at minors; b) shall not show minors consuming alcohol; c) shall not encourage immoderate consumption of such beverages; d) shall not depict immoderate alcohol consumption in a positive light and refraining from alcohol consumption in a negative light; e) shall not link the consumption of alcoholic beverages to enhanced physical performance or to driving; f) shall not create the impression that the consumption of alcoholic beverages contributes to social or sexual success; g) shall not claim that alcohol has therapeutic qualities or that the consumption of alcoholic beverages is a stimulant or a sedative, or that alcoholic beverages are a means of resolving personal conflicts; h) shall not create the impression that immoderate alcohol consumption may be avoided by consuming beverages with low alcohol content or that high alcohol content is a positive attribute of the beverage.
Promotional items	No advertisement may be disseminated relating to alcoholic beverages on goods which have been clearly designed and manufactured for the purpose of a toy, including the packaging of such goods.
(Sports) sponsorship	No specific regulations

Table 3 Labelling information	Description	Legally binding or self-regulation
Health warnings:	No
Ingredients/nutritional information	No

Table 4 Non-statutory Alcohol marketing regulations in Hungary	Coverage
There is one co-regulatory body in Hungary which is responsible for the regulation of advertising the Advertising Self-Regulatory Board http://www.ort.hu The Board is responsible for setting out detailed rules for advertising, including the regulation of the advertisements of alcoholic beverages. The Board adopted the Hungarian Code of Advertising Ethics, which has a whole chapter on the advertisements of alcoholic beverages.

Table 4 Non-statutory Alcohol marketing regulations in Hungary

Coverage

There is one co-regulatory body in Hungary which is responsible for the regulation of advertising the Advertising Self-Regulatory Board http://www.ort.hu
The Board is responsible for setting out detailed rules for advertising, including the regulation of the advertisements of alcoholic beverages. The Board adopted the Hungarian Code of Advertising Ethics, which has a whole chapter on the advertisements of alcoholic beverages.

For more (but older) information on alcohol marketing regulations in Hungary, please take a look at

Hungary’s appendix to the 2007 ELSA (Enforcement of national Laws and Self-regulation on advertising and marketing of Alcohol) report.

More recent general information : Advertising, Marketing & Promotion Comparative Guide for the jurisdiction of Hungary, check out our comparative guides section to compare across multiple countries; https://www.mondaq.com/media–it/1483770/advertising-marketing–promotion-comparative-guide