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). 22 Recommendations on National Minorities in Inter-State Relations

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