Hungarian MPs pass bill to restrict freedom of assembly - Smoke sticks in parliament

Prime Minister Viktor Orbán said at the end of February that Pride should not even bother to organise the event this year.

Festival organisers, who said the march poses no threat to children, responded by saying that freedom of assembly was a constitutional right.

A survey by the Publicus Institute for the daily Népszava found that

• 56% of respondents would not ban Pride,
• 13% supported banning the march,
• 42% of respondents said the government's intention was a distraction from more important issues,
• 28% said Fidesz was strengthening its own camp by inciting against a social group, and
• only 20% of respondents agreed with the government's narrative that the ban was "a child protection measure".

Hungary introduced a Child Protection Act in 2021; the European Commission started infringement proceedings a year later. This is an anti-LGBTQ+ law, which according to the complainants restricts rights by censoring inclusive sex education, equating LGBTQ+ lifestyles with paedophilia, blocking adoption for LGBTQ+ couples and restricting content in media and advertising. LGBTQ+ children's literature must be wrapped in plastic or the bookshop faces heavy fines.

A bill to amend the relevant act (on the right of assembly) was submitted on Monday by Fidesz and KDNP MPs, and it was adopted today in a fast-track procedure. A total of 35 MPs were not present, including Viktor Orbán, 13 MPs of his Fidesz party and 2 MPs of their junior ally, the Christian Democrats (KNDP).

Fidesz was in such a hurry to make the amendment that Parliament decided on the Assembly Act before the underlying amendment to the Fundamental Law, which states that the right to "the protection and care necessary for the proper physical, mental and moral development" of children

supersedes older constitutional rights such as freedom of assembly and expression.

Under the amendment just adopted, it will now be illegal to hold a gathering that

promotes and portrays gender non-conformity, gender reassignment and homosexuality.

Anyone holding or attending such a gathering is therefore guilty of an offence and can be fined.

The minimum fine is HUF 6,500 (EUR 16.3) and the maximum fine is HUF 200,000 (EUR 503).

To put this into perspective, the current minimum wage in Hungary is HUF 290,800 and the net minimum wage is HUF 193,382.

The legislation does not make any distinction between organisers and participants. It is an offence for the organiser and anyone showing up there when the police explicitly informed the public about the "prohibited nature of the gathering".

The fines imposed cannot be converted into community service or imprisonment for a misdemeanour, and the sums collected must be used for the protection of children. If the offender fails to pay the fine within 30 days of the decision becoming final, it will be collected as tax. 

The amendment also allows the police to use facial recognition software to identify participants.

According to an article in news portal 444.hu, the legal conditions for this were created in a 2015 law, which Fidesz justified at the time on the grounds of international criminal cooperation, the fight against terrorism and the growing problem of document fraud. It was already mooted then that the law would allow people to be monitored at demonstrations, but the ruling party swept this off the table.

The state-party is taking another step towards Putin's dictatorship by using facial recognition software against those who dare to speak out against the regime and oppression,

Momentum said, announcing a 5pm demonstration to the Parliament building in Kossuth Square against restrictions on the right to assembly.

The right to assembly, including parades, is a fundamental right that cannot be eliminated by a simple parliamentary vote. Opposition parties and civil organizations have expressed concerns that the proposal would unnecessarily restrict freedom of assembly and could limit freedom of speech. Human rights organizations, including the Hungarian Helsinki Committee and the Hungarian Civil Liberties Union (TASZ), argue that

the amendment violates fundamental rights such as freedom of assembly, non-discrimination, and personal data protection.

Szabolcs Hegyi, a lawyer with TASZ, told 444.hu that by targeting Pride, the government wants to make it impossible to take a stand on an issue based on its content, and also to restrict the possibility of standing up for equal rights.

According to the Hungarian Helsinki Committee, the amendment violates several fundamental rights: first and foremost, the prohibition of discrimination, the right of assembly and the right to the protection of personal data.

András Kádár, co-chair of the Hungarian Helsinki Committee, told Telex that there is no scientific evidence or sociological data that the mention of homosexuality or public discussion of the social situation of sexual minorities has a negative effect on children. In fact, he said, it is explicitly not in the best interest of children not to have access to relevant and appropriate information about sexuality and non-heterosexual sexual orientations.

At the last press briefing last wee, Gergely Gulyás, the PM's chief of staff, was unable to produce any research or evidence to show that Pride hinders the healthy physical and mental development of children. He said that "common sense" justifies the action against Pride because

people with families do not usually go near Pride, they avoid that part of the city.

But experience shows that this is not true.

You can like Pride or not, but this amendment is clearly designed to discourage people from standing up for equal rights for their fellow citizens,

said Szabolcs Hegyi.

Under the previous version of the law on assembly, the organiser of a public meeting in a public place had to notify the police no more than three months before it was to take place. Now this was cut to one month.

The Budapest Pride march planned for 28 June could thus be registered only in May instead of March.

This was necessary so that the amendment to the Constitution, which will be adopted on 15 April, could come into force before the one-month notification period.

Mayor Gergely Karácsony said on Facebook on Monday that Budapest

will protect all those who had the courage to stand up for their self-respect, for their community, for freedom, for the power of love. Pride will be held!

This is not child protection, this is fascism, Pride is a movement that cannot be banned

Máté Hegedűs, press officer and organiser of Budapest Pride, told Telex.

The Hungarian Two-Tailed Dog Party, which loves sarcasm, is organising a 'Peace March' on 12 April in Heroes' Square.

We agree with the Prime Minister's ideas and support standardisation. Let everyone be the same, so now we call on the people to take to the streets!

Cover image (for illustration purposes only): Getty Images