Transparency International Hungary and investigative journalism nonprofit Átlátszó become first targets of Sovereignty Protection Office

The Sovereignty Protection Office has initiated a "specific – comprehensive – investigation" against Transparency International Hungary (TI), the Office informed the NGO on 18 June. The state body sent a six-page letter, in which they asked TI 62 questions about its use of "foreign funding", which they claimed was "aimed at influencing the will of the electorate".

In its statement, Transparency recalls that the government's intention with the office is "to intimidate citizens and civil organizations that are critical of the government", which "is against the Constitution of Hungary, as well as the fundamental values of the European Union. They add that their position is in line with the opinion of the European Commission, which

started an infringement procedure against the Hungarian government in February.

The Commission sent its reasoned opinion on 23 May, giving the government two months to respond and take the necessary measures. If this does not happen, the Commission may refer the case to the Court of Justice of the European Union. In February, the European Commission launched infringement proceedings against Hungary over its sovereignty protection law, which it says violates several provisions of both primary and secondary EU legislation.

TI writes that they do not consider it an accident that they were the first to be targeted by the Office. "As a non-governmental organization fighting corruption, the success of our investigative, analytical and legal work, and perhaps even our mere existence threatens the regime of Prime Minister Viktor Orbán" – they argue, adding that the investigation is ill-founded and wrong.

In essence, they consider the operation of the office, as well as the law establishing it, to be unconstitutional. However, as they are committed to transparency, they will respond within the 30-day deadline. They add that “had it paid a little more attention, the SPO could have noticed that the answers to most of their questions are available on our website and in our publications, accessible to everyone.”

TI has previously turned to the Constitutional Court over the existence of the Office, among other things because "it is a violation of the fundamental right to a legal remedy and a fair trial that people and organizations subjected to the SPO’s procedures cannot seek judicial or other legal remedies against the actions and declarations of the SPO." And since Transparency International Hungary is now under investigation due to its marked criticism of the SPO, this procedure violates the freedom of expression.

Other than TI, the investigative news portal Átlátszó has also received questions from the Sovereignty Protection Office. This was first reported by Magyar Hang, but it has since been confirmed to Telex by the paper’s editor-in-chief, Tamás Bodoky.

In November Minister of the Prime Minister's Office Gergely Gulyás said that the sovereignty protection law would have no impact on the press. "It doesn't affect the freedom of the editiorial offices or the freedom of the press, so I don't see the sovereignty protection bill as posing any threat to the press," Gulyás said. He added – and this is part of the justification for the current investigations – that the press could technically only be affected by the provisions of the law to the extent that the Sovereignty Protection Office could, in principle, investigate the details of their funding.

Tamás Lánczi, the head of the SPO attended a presentation of the media report of the government-affiliated Nézőpont Institute on Tuesday, where he spoke about foreign-funded media, and posted about it on Facebook:

A sovereign story

The law passed in December is part of a package and among others has to do with the newly created Sovereignty Protection Office. It essentially allows this body to investigate anyone suspected of threatening Hungary's sovereignty. It also includes provisions and amendments to the law that prohibit candidates, political parties and associations running in elections from receiving foreign funding.

The "protection of sovereignty" became the government's new goal at the end of September 2023, after the off-site meeting of the Fidesz-KDNP parliamentary group. At the time, Fidesz parliamentary group leader Máté Kocsis said that he believed Hungary's sovereignty was under attack in the area of culture, economy and politics. He then announced that "foreign-funded journalists, pseudo-NGOs and dollar-funded politicians" would be clamped down on by new rules as early as that autumn.

According to NGOs, it is in fact a law of arbitrary detention, aimed at stifling all critical voices. "Journalists, companies, churches, trade unions and municipalities may all be targeted by the new authority," they said in a statement.

We have previously detailed what the new Hungarian government agency will be authorized to do and how it is expected to operate in this article.