Act LXXIX of 2021 on taking more severe action against paedophile offenders and amending certain acts for the protection of children, is a law of Hungary. Passed on 15 June 2021, the bill prohibits the distribution of violent and sexual content to minors if it is considered harmful to their "physical, intellectual, emotional or moral development", and increases penalties for child sexual abuse and creating, distributing, or possessing child pornography.
The original bill enjoyed broad support across the political spectrum in Hungary. However, a last-minute amendment added provisions that prohibited the distribution of materials that "promote" homosexuality, gender identity, or gender transition to minors. The amended bill was passed by Parliament 157–1, with support from Viktor Orbán's ruling Fidesz party, the Christian Democratic People's Party (KDNP), and Jobbik; opposition parties boycotted the final vote in protest of the surprise amendment. The amended law was part of a larger wave of anti-LGBTQ policies enacted by Orbán's far-right government, intending to appeal to its Christian nationalist base by promoting "traditional" values, and falsely conflate pedophilia with the LGBTQ community (whom the government portrayed as a threat to Christianity in Hungary).
The law was condemned as an attack on fundamental freedoms, discrimination against LGBTQ people; the European Commission launched infringement proceedings against Hungary in July 2021, challenging the law as a violation of the European Union's Charter of Fundamental Rights. The case—Commission v Hungary—was taken to the European Court of Justice with the backing of the European Parliament and 16 member states. In April 2026, the Court of Justice of the European Union (CJEU) ruled that the bill violated Article 1 of the EU Charter of Fundamental Rights and Article 2 on the Treaty on European Union, finding that it violated fundamental rights of LGBTI residents by discriminating and scapegoating against them, and that the law was "contrary to the very identity of the Union as a common legal order in a society in which pluralism prevails". It was the first time in that either article has been implemented in a ruling by the CJEU.
The same month, Péter Magyar and his Tisza Party defeated Orbán in the 2026 parliamentary election, ending his 16-year tenure as Prime Minister. In September 2026, Magyar announced his government's intent to amend the child protection law to comply with the CJEU ruling; an amendment to remove the LGBTQ-related provisions was passed by Parliament in October 2026.
Amendments
The legislative amendments to the law ban sharing LGBTQ-related information with minors, considering it to be promoting homosexuality or gender reassignment. The amendments touch upon multiple legal fields and domains. The provisions of the anti-LGBTQ law included amendments to five Acts of Parliament: (1) Act no. XXXI of 1997 on the protection of children and guardianship administration; (2) Act no. CCXI of 2011 on the protection of families; (3) Act no. XLVIII of 2008 on the basic conditions of and certain restrictions on economic advertising activities; (4) Act no. CLXXXV of 2010 on media services and mass communication; and (5) Act no. CXC of 2011 on national public education.
Main argument
The basis of the following amendments is the added section to the Act XXXI of 1997 on the protection of children and guardianship administration, stating that "the State shall protect the right of children to a self-identity corresponding to their sex at birth." On the pretense of the rights of the child, it is then "forbidden to make accessible to persons who have not attained the age of eighteen years content that is (...) propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality.”
Sex education
Against this background, the bill lays down two sets of obligations concerning education. It prohibits the provision of courses on sex education, biology, natural sciences or health that mention anything other than the biparental, heterosexual image of the family. The law specifically provides for the following amendments regarding sex education courses. First, the law establishes a prohibition to expose minors to any pornographic content and to any content that portrays other than the conservative image of family and sex, for instance, gender reassignment, non-heterosexual orientation, homoparental family or single-parent family. Second, the law introduces a system of registration and accreditation for NGOs that provide sex education courses to minors, thus hindering in practice the provision of comprehensive, science-based and inclusive courses, especially for LGBTQ-led organisations. Third, the law amends Act II of 2012 on Petty Offences and criminalises teachers and headteachers that allow the provisions to students of comprehensive, science-based, inclusive courses, especially by LGBTQ-led organisations.
As a result of the anti-LGBTQ law, access to schools by external experts and organizations for the purposes of holding classes – among others – on sexuality is limited. The anti-LGBTQ law prescribes that only experts and organizations that are registered by a special public body may conduct sexual education in schools. However, since the passage of the law, no public body facilitating such registrations had been established. In the absence of the implementing legislation, currently no civil society organization or external expert may hold sex education classes in institutions of public education. As a result, teachers are unable to invite any experts to talk about sexuality. This de facto ban has been implemented so broadly that even an NGO with a human rights educations program that does not focus on LGBTQ issues was still banned from schools that they have been working with for many years.
Media content
The amendments provide that all media content, such as books and movies, which portrays "non-traditional families" or refers to "non-traditional gender identities" shall be immediately recognisable via a disclaimer or other similar message mentioning that they show a "non-traditional" family image. Families seen as "non-traditional" include monoparental families, non-heterosexual families, families with a member belonging to the LGBTQ community, etc. It includes restrictions on LGBTQ representation in the media by banning content depicting LGBTQ topics from television and prohibiting companies from running campaigns in solidarity with the LGBTQ community. Violations of the law can be punished with fines or a prison sentence.
Books sales
On 6 August 2021, a resulting implementing regulation amending law regarding commercial activities was issued and published in the official journal of Hungary (Magyar Közlöny). It adds limitations to the sale of products intended for children, which display deviation from one's birth gender identity, gender reassignment or homosexuality and products portraying sexuality in a self-serving way. As per the new limitations, these products must be taken out of youth sections, put in closed foil packaging to prevent browsing, must not be placed in a store's window, and cannot be sold within 200 metres (approximately 656 feet) of schools, youth institutions, churches, and other places dedicated to the practice of religion. The new legislation will entered into force thirty days from its issuing, and compliance will be monitored by the consumer protection authorities. Under Section 27 (1) of the decree, the notary of the local government can suspend certain commercial activities or close the shop for a maximum of 90 days if such rules are violated. According to Section 27 (2), in case the owner does not comply with the requirements imposed by the notary, the notary can permanently close down the shop.
Use of vague language
The Amendment to Act CCXI of 2011 on the protection of families (Act section 10) states that "[...] it shall be forbidden to make accessible to persons who have not attained the age of eighteen years content that [...] propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality.” The vague language used in the law raised fears among same sex couples that simple acts like holding hands on the street would end up labeled as "promotion of homosexuality" and lead to arrests.
Background
Previous attempts
In April 2012, Jobbik, then a far-right nationalist party, tried to introduce a bill into the Hungarian parliament that would change the national constitution to allegedly "protect public morals and the mental health of the young generations" by banning the popularization of "sexual deviancy". The legislation was drafted by party spokesman Ádám Mirkóczki. This was to target "homosexuality, sex changes, transvestitism, bisexuality and paedophile behaviour". The proposed amendments would criminalise anyone who "popularizes their sexual relations—deviancy—with another person of the same sex, or other disturbances of sexual behaviour, before the wider public". The penalty would be three years in prison, or five years if 'popularizing' is done in front of minors. The draft legislation ultimately failed to pass.
The legislative process
In the parliamentary session of 15 June 2021, Fidesz MP Csaba Hende, Chairman of the Legislative Committee in the Hungarian Parliament and Deputy Speaker for Legislation, submitted the bill. Members of the left-wing opposition parties (Hungarian Socialist Party, Democratic Coalition, LMP - Hungary's Green Party and Dialogue for Hungary), as well as some independent MPs such as Bernadett Szél, Ákos Hadházy and Szabolcs Szabó boycotted the session and didn't participate in the vote. The MPs who were present almost unanimously approved the legislation on a 157–1 vote. All present members of the ruling Fidesz party and of the right-wing opposition parties Jobbik and Mi Hazánk, as well as some independent MPs such as Imre Ritter voted in favour. Independent MP Sándor Székely voted against it. The law was signed by President János Áder on 23 June and went into effect on 7 July 2021.
Developments
In Hungary
Government Decree
On 6 August 2021, Government Decree 473/2021 amending Government Decree 210/2009 on the conditions for carrying out commercial activities was adopted, as an implementation regulation. It limits the sales of products targeting children "depicting or propagating divergence from self-identity corresponding to sex at birth, sex change and homosexuality". This decree had a major impact on books sales in particular. According to the law, any such products cannot be sold within 200m of schools, children or youth institutions and churches, has to be wrapped in plastic foil to prevent browsing, can not be displayed in shopping windows, and must be removed from youth sections. Under Section 27 (1) of the decree, the notary of the local government can suspend certain commercial activities or close the shop for a maximum of 90 days if such rules are violated. According to Section 27 (2), in case the owner does not comply with the requirements imposed by the notary, the notary can permanently close down the shop.
2022 Referendum
The Hungarian government announced a referendum on the law which was held on 3 April 2022. The share of valid votes in the referendum was below the required 50%. Thus, it became invalid, but the law remained in force.
2025 Pride ban
On 18 March 2025, the Hungarian parliament adopted amendments to the Act LV of 2018 on the right of assembly, commonly known as the Freedom of Assembly law. Building on the provisions of the 2021 anti-LGBTQ law, the pride ban is an executive act of the 2021 law. The newly adopted amendments prohibit holding a gathering that "promotes or displays any deviation from a person's gender at birth, as well as gender reassignment and homosexuality". Participating in such events will be punishable by a fine up to the equivalent of 500 euros, while organizing them will be considered a criminal offence, punishable by up to one year in prison under the Criminal Code. It will also permit the use of facial recognition software to identify and file participants, violating the EU’s GDPR and AI regulations. The bill was pushed through Parliament within a day and will enter into force on 15 April 2025.
The amendment of the Assembly Law was accompanied by a constitutional change, stating that "the right of children to physical, psychological, and moral development precedes all rights except the right to life". Such change to the constitution effectively makes fundamental rights of children precede all other fundamental rights, including the right to assembly, except the right to life. Interpreted in light of the 2021 anti-LGBTQ law, the rights of children are mainly the rights to not be exposed to LGBTQ content. This constitutional change, namely the 15th Amendment to the Fundamental Law (the Hungarian Constitution), has not yet been voted on in Parliament. Its vote is planned for April 2025. Additionally, it would constitutionally prohibit legal gender recognition, recognizing only biological sex. The amendment violates Article 2 of the Treaty on the European Union and the Charter of Fundamental Rights of the EU.
These legal developments were implemented following Prime Minister Viktor Orbán's statement, in which he announced his intention to ban the annual Pride March.
Romania
In Romania in August 2021, the Eurosceptic party Alliance for the Union of Romanians (AUR), which has been described as far-right, proposed a similar law to the Hungarian law. This was also supported by the Hungarian-Romanian Democratic Alliance of Hungarians in Romania (RMDSZ), the Hungarian People's Party of Transylvania and the Hungarian Civic Party (Romania).
Reactions
Domestic
The amendments sparked a series of protests in Hungary by members and supporters of the LGBTQ community and by human rights groups. A petition and letter were written to President János Áder of Hungary, urging him not to sign the law. The online petition had been signed more than ten thousand times as of 7 August 2021.