Hungary expands scope of child protection measures

Limitations and bans on the sale of specific products designed for children

With effect from 5 September 2021, the amendment to Government Decree No. 210/2009. (IX. 29.) on the Conditions for Performing Commercial Activities introduced special restrictions and prohibitions on the sale of certain products. By passing Government Decree No. 93/2024. (IV. 23.) on the Amendment of Government Decrees Related to Consumer Protection, the government has now broadened the scope of these limitations and bans with effect from 8 May 2024 as follows:

• It is prohibited to display in a shop window any product intended for children that prominently features or promotes deviation from sex at birth, gender reassignment or homosexuality, or depicts sexuality in a direct, naturalistic or self-serving manner.
• It is prohibited to display in a shop window a product whose design, appearance or packaging visibly displays or promotes a deviation from sex at birth, gender reassignment or homosexuality, or depicts sexuality in a direct, naturalistic or self-serving manner.
• It is prohibited to sell a product within 200 metres of any entrance to educational institutions, child and youth protection facilities, churches, or other places of religious worship, if the product prominently promotes deviation from sex at birth, gender reassignment or homosexuality or depicts sexuality for its own sake.
• If a product prominently features or promotes deviation from sex at birth, gender reassignment or homosexuality or depicts sexuality directly, naturally or for its own sake, companies may only sell these products intended for children in sealed packaging, separate from other children’s products.

Internet service providers to provide filtering software

Starting 1 July 2014, internet service providers (ISPs) have been required to publish on their websites the availability of at least one free filtering software designed to safeguard minors. This software must be available in Hungarian and must be easy to install and use. The government, however, has observed that installing filtering software on smart devices is often complex and time consuming. As a result, the proposed law will require ISPs to include a free filtering service as part of their service. The specific technical details are left to the discretion of the ISPs since the legislation remains technology neutral. The filtering service will rely on a constantly updated “blacklist” of the most visited, explicitly adult websites, maintained by the National Media and Infocommunications Authority. ISPs providing mobile internet access services must offer the filtering service from 1 September 2025. ISPs with 10,000 or more subscribers must comply by 1 May 2026, and ISPs with less than 10,000 subscribers must do so by 1 January 2027.

Stringent advertising rules on software application stores and video-sharing platform services

Content aimed at children under fourteen posted on video-sharing platforms cannot include product placements. Video-sharing platforms are required to update their General Terms and Conditions according to the new requirements. Advertising via software application stores and video-sharing platform services must clearly indicate the nature of the advertisement, even if the products are promoted by influencers or online opinion leaders. Advertisers must clearly state when they are specifically targeting children or minors. Advertising alcoholic beverages is forbidden right before, during and after the publication of content that targets children or minors via software application stores or video-sharing platforms. These advertising regulations are expected to come into effect on 1 January 2025.

Next steps

Companies must comply with the amended regulation on the sale of certain products to children by 8 May 2024. The full text of the obligations is available in the Hungarian Official Journal, issue 46 of 2024. (The text can be found here in Hungarian).

Parliament is currently discussing the proposed legislation limiting children’s exposure to adult content online and enhancing transparency in child-targeted online advertising. ISPs are required to introduce their own filtering software within the deadlines detailed above, while the specific advertising rules will take effect on 1 January 2025. The full text of the proposed legislation is available here (only in Hungarian).

The article was co-authored by János Bálint.

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