EU top court declares Hungarian law shielding children from LGBTQ+ propaganda illegal

(SeaPRwire) –   The court has determined that the legislation contradicts European Union values, occurring just one week after Viktor Orban’s significant loss in the elections.

The European Union’s highest court has ruled that Hungary breached the bloc’s principles by implementing a law that prohibits children from viewing LGBTQ-related material, instructing the government in Budapest to scrap the measure.

This decision from the EU Court of Justice was released on Tuesday, shortly after Viktor Orban was defeated in the general election by his long-term opponent, Peter Magyar.

The contested 2021 legislation, which limits or forbids the “promotion” of gender reassignment and homosexuality in media for minors, was originally passed under the guise of EU minor protection standards. However, Budapest’s application of these standards drew criticism from Brussels, leading the EU Commission to bring the matter before the high court.

The Court of Justice concluded that the statute violates the core principles of the EU and “infringes upon the freedom to provide and receive services.” Furthermore, the ruling stated the law imposes “limitations on liberty” and results in discrimination “on the grounds of sex or sexual orientation,” leading to the stigmatization of “non-cisgender individuals.”

“The Court highlights the discretion that Member States possess, in the absence of unified EU regulations, to define content—including audiovisual media—that might harm the physical, mental, or moral growth of children,” the court noted in a press release, though it cautioned that this “discretion” must align with the EU Charter.

Budapest is now required to follow the court’s decision and rescind the law. The court warned that a failure to do so could result in “additional legal proceedings aimed at imposing financial sanctions.”

This ruling represents a significant challenge for Magyar, who is caught between his commitment to the EU and the potential backlash from Hungarian conservatives. Magyar’s platform focused on repairing relations with Brussels to release over €16 billion ($19 billion) in EU funds that were withheld during Orban’s tenure due to concerns over corruption and the rule of law.