14. The free reception of transfrontier broadcasts, whether direct or by means of
retransmission or rebroadcasting, may not be prohibited on the basis of ethnicity, culture, language or religion. Limitations are restricted to broadcasts
that use hate speech or incite violence, racism or discrimination.
States should not obstruct the free reception of transfrontier broadcasting. This
would be an encroachment on freedom of expression, as guaranteed by international human rights instruments and, with regard to transfrontier television in particular, by Article 4 of the 1989 European Convention on Transfrontier Television
(hereinafter: ECTT). Recommendation 13 of the Guidelines on the use of Minority
Languages in the Broadcast Media (hereinafter: Media Guidelines) underlines that
the free reception of transfrontier broadcasts “shall not be prohibited on the basis
of language”. In addition, Article 9 (1) of the FCNM states that freedom of expression includes freedom to hold opinions and to receive and impart information
and ideas in the minority language, without interference by public authorities and
regardless of frontiers. States should, therefore, ensure that persons belonging to
national minorities are not discriminated against in their access to domestic and
foreign media. Moreover, Article 11(2) of the 1992 European Charter for Regional
or Minority Languages, while permitting regulation, states that “[t]he Parties undertake to guarantee freedom of direct reception of radio and television broadcasts
from neighbouring countries in a language used in identical or similar form to a
regional or minority language, and not to oppose the retransmission of radio and
television broadcasts from neighbouring countries in such a language”.
The States where minorities reside can impose limitations on foreign print, broadcast and other, including new, media that advocate national, racial or religious
hatred that constitute incitement to discrimination, racism, violence and hostility
or use hate speech. Article 20 of the ICCPR is express in this regard (including
prohibition of any propaganda for war). The ECHR (Article 10) affirms that the right
to freedom of expression includes “freedom to hold opinions and to receive and
impart information and ideas without interference by public authority and regardless of frontiers”. The same article provides that the exercise of these freedoms
“may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder
or crime […]”. According to the European Court of Human Rights, restrictions
must be proportionate to the legitimate aim pursued (see for example Handyside
v. UK, judgment of 7 December 1976, Series A, No. 24).
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Recommendations on National Minorities in Inter-State Relations