Hungary violated EU law when it restricted the portrayal and promotion of LGBTI+ content, including that aimed at children, the Court of Justice of the European Union ruled this week, ordering Budapest to scrap the legislation.

The case concerns Hungary’s 2021 law restricting or banning the “promotion” of homosexuality and gender transition in media accessible to children, which Budapest introduced when it adopted the EU’s audiovisual rulebook and its provisions on protecting children from harmful content.

The Court concluded that protecting minors is a legitimate aim, but the measures used must be proportionate and non-discriminatory.

Hungary’s law, it said, went beyond what is necessary, effectively targeting a specific group.

It found that the legislation “Stigmatises and marginalises” LGBTI+ persons and creates unjustified restrictions on the provision of services and content across the EU.

Spokesperson for Law firm, ADF International, Carmen Correas Lopez said the case highlights tension between national authority over education, culture, and family policy, and supranational enforcement of rights and non-discrimination norms.

“It raises great concerns about whether courts are narrowing the space for Member States to legislate on moral or child-protection grounds”.