Legea maghiara a presei (document)

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«Establishing the facts of the case
Article 155

(1) In establishing the facts of the case, the Authority shall apply the provisions of the Act on the General Rules of Administrative Proceedings and Services on establishing the facts of the case and on official audits, with due heed to the deviations laid down in paragraphs (2)—(8).

descarca Hungaria Media Law.pdf (document complet)

(2) The Authority shall have the right to inspect, examine and make duplicates and extracts on any and all data media containing data, document and deeds — even if containing secrets protected by law — related to the media service provision, publication of a media product or broadcasting.

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(3) The Authority may oblige the client, other actors in the proceedings, the agents and employees of such parties and persons in other legal relationships with the client and other actors in the proceedings to furnish data, data in a comparable format defined by the Authority and other information either verbally or in writing.

(4) In particularly justified cases, the Authority shall have the right to oblige other persons or organisations other than the client and other actors in the proceedings to furnish data or means of evidence with a view to establishing the facts of the case. The order as in this paragraph may be challenged by the persons obliged to furnish data or means of evidence by submitting an appeal to the Metropolitan Court of Justice, having suspensive effect; the Court will decide in the matter with priority in non-contentious proceedings within eight days. No further appeal shall lie against the order the Metropolitan Court of Justice.

(5) When deemed necessary for establishing the facts of the case, the Authority shall have the right to oblige the client to make representations or furnish data, with concurrent warning on the legal consequences applicable in case of failure or improper fulfilment of this obligation as defined in Article 156.

(6) With a view to establishing the facts of the case, the Authority — concurrently with setting a deadline for fulfilment and giving a warning on the legal consequences applicable in case of failure of fulfilment — shall have the right to oblige the client to remedy deficiencies in documentation.

(7) A witness may be heard on the trade secret of the client even if he was not granted exemption from the obligation of confidentiality from the client.

(8) In particularly justified cases, the Authority shall have the right to resort to the deeds, data, documents and other means of evidence generated in the course of particular proceedings also for the purposes of another proceedings, when necessary for reducing the procedural burden on clients or for proper and effective law enforcement.»

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