Media Law

Control of Media / Media Regulation

ECHR

INFORMATIONSVEREIN LENTIA AND OTHERS v. AUSTRIA (1993)

INFORMATIONSVEREIN LENTIA v. AUSTRIA (2002)

JERSILD v. DENMARK (1994)

DEMUTH v. SWITZERLAND (2002)

In the Court's view, the refusal to grant the applicant a broadcasting licence interfered with the exercise of his freedom of expression, namely his right to impart information and ideas under Article 10 § 1 of the DEMUTH v. SWITZERLAND JUDGMENT 9 Convention. The question arises, therefore, whether that interference was justified.

GROPPERA RADIO AG AND OTHERS v. SWITZERLAND (1990)

"Broadcasting" is mentioned in the Convention precisely in relation to freedom of expression. Like the Commission, the Court considers that both broadcasting of programmes over the air and cable retransmission of such programmes are covered by the right enshrined in the first two sentences of Article 10 § 1 (art. 10-1), without there being any need to make distinctions according to the content of the programmes. The disputed administrative decisions certainly interfered with the cable retransmission of Sound Radio’s programmes and prevented the subscribers in the Maur area from receiving them by that means; they therefore amounted to "interference by public authority" with the exercise of the aforesaid freedom.

Human Rights Committee

Hertzberg et al. v. Finland (1982)

10.3 The Committee feels, however, that the information before it is sufficient to formulate its views on the communication. It has to be noted, first, that public morals differ widely. There is no universally applicable common standard. Consequently, in this respect, a certain margin of discretion oust be accorded to the responsible national authorities.

10.4 The Committee finds that it cannot question the decision of the responsible organs of the Finnish Broadcasting Corporation that radio and TV are not the appropriate forums to discuss issues related to homosexuality, as far as a programme could be judged as encouraging homosexual behaviour. According to article 19 (3), the exercise of the rights provided for in article 19 (2) carries with it special duties and responsibilities for those organs. As far as radio and TV programmes are concerned, the audience cannot be controlled, In particular, harmful effects on minors cannot be excluded.