33 The principle of proportionality is generally practiced in public sector media and many states have adopted practical and appropriate measures for the implementation of linguistic rights in the sector. While there may be different approaches, the legal basis and reasons for providing minority language public media all involve more or less directly the need to ‘take into account the numerical size, concentration and distribution as well as needs and interests’ of linguistic minorities in order to implement effective equality of access.51 Freedom of expression includes the ability of minorities to express themselves and communicate freely with members of their own communities and others in their own language through private sector broadcast, print and electronic media.52 Official language quotas should be avoided for such media, particularly since they might impose burdens such as limiting broadcasting time or increasing costs that are either impermissible under freedom of expression or potentially discriminatory.53 Broadcasting frequencies or permits, as well as any state financial or other support for private sector media, must be allocated in a non-discriminatory manner, including in relation to those using minority languages. A proportional approach is generally speaking a good starting point in this regard. The digitalization of the media must not result in changes to terrestrial or other frequencies that do not take account of the needs and interests of minority communities, and in particular restrict access to media in minority languages. Where the information and communications needs and interests of linguistic minorities are not properly served in their own languages by existing media, state authorities should privilege these needs and interests over others in the allocation of frequencies, permits or financial and other support. This could include measures to encourage and facilitate communication with and between minorities, as well as with members of the majority, such as incentives for private linguistic media through funding and favourable allocations of frequencies in order to increase their access to and presence in the media. A flexible attitude to print media and new technology should also be adopted in order to address the particular challenges facing linguistic minorities, in particular smaller minorities or indigenous peoples. In all cases, support – financial or otherwise – must involve clear and transparent procedures. Tax relief and other incentives should be considered to support publications, and television and radio channels broadcasting in minority languages. Good practices and recommendations • In Mexico, the Comisión Nacional para el Desarrollo de los Pueblos Indígenas provides preferential funding that permits broadcasting in some 30 minority languages by 20 private community radio stations. • The authorities in Kosovo established a Minority Media Fund to provide financial and other assistance to electronic and printed minority language media. • Canadian legislation requires that the broadcasting system must ‘reflect the linguistic duality and multicultural nature of Canadian society, and the special place of Aboriginal peoples’. This has 51 OSCE High Commissioner on National Minorities, Guidelines on the Use of Minority Languages in the Broadcast Media, Guideline 15, October 2003. Ouranio Toxo and Others v. Greece (note 9). Council of Europe, Advisory Committee on the Framework Convention for the Protection of National Minorities, The Language Rights of Persons Belonging to National Minorities under the Framework Convention, Thematic Commentary no.  3, ACFC/44DOC(2012)001Rev, July 2012. 52 53