BUDAPEST, September 15 — Hungary has announced plans to amend the anti-LGBTQ law that has kept Budapest and Brussels at loggerheads for more than five years, a move that, if carried through, would mark a significant shift in the country’s stance and could ease one of the most bitter disputes in the European Union. The legislation at the centre of the fight was adopted by the Hungarian parliament in June 2021 and took effect the following month.
Officially titled the “Act on Taking More Severe Action Against Pedophile Offenders and Amending Certain Acts for the Protection of Children,” it prohibits the display or promotion of homosexuality or gender reassignment to persons under 18 in media, advertising and educational materials. Critics say it conflates homosexuality with pedophilia.
A case that went to Luxembourg
The European Commission did not wait. It launched infringement proceedings against Hungary in July 2021, arguing the law violates the EU’s Audiovisual Media Services Directive, the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights. In December 2022, the Court of Justice of the European Union ruled that Hungary had failed to fulfil its obligations under EU law by restricting access to content that promotes homosexuality.
The court found the law breached both the Audiovisual Media Services Directive and the Charter of Fundamental Rights. The financial pressure followed the legal one.
The European Commission has withheld billions of euros in EU funds from Hungary over rule-of-law concerns, including LGBTQ rights — money that would otherwise flow to a member state inside the single market.
Orban’s argument, and the wider picture
The Hungarian government, led by Prime Minister Viktor Orban, has argued the law is about protecting children, not discriminating against LGBTQ people. Orban has been in power since 2010 and has frequently clashed with EU institutions over migration, judicial independence and media freedom. Against this backdrop, the announced amendment is being watched closely in the corridors of Brussels and in other European capitals, where the treatment of LGBTQ citizens has become a test of whether EU membership still carries enforceable obligations.
What remains unclear is the substance. Details of the proposed changes have not been made public, and it is uncertain whether they will fully satisfy EU requirements.
LGBTQ rights groups in Hungary have welcomed the move but remain cautious, calling for concrete legislative changes. The European Commission has not yet commented on the specific amendment plans. The story is developing, and further updates are expected as the Hungarian government provides more information.
What is at stake is not only the text of one law but the question of whether a member state can be brought back into line with the Charter of Fundamental Rights without the matter returning to the Court of Justice in Luxembourg.
