The key societal and democratic role that the media play implies that their freedom has to be especially protected.120 At the same time, the fact that the media plays such an important role in shaping the societal climate, also regarding intercommunity relations, implies that they need to take the effect of their work on social cohesion and integration into account. The media need to be mindful of the potential consequences when they report statements made by politicians or other public figures that contribute to negative stereotyping and other divisive activities. 49. Measures to promote the State or official language(s) in the media should not disproportionately curtail the right to use a minority language. The meaningful presence of minority languages in locally produced media signals an inclusive policy towards minorities and reflects a positive value put on linguistic diversity. States should therefore develop policies, in consultation with minorities, to address the use of minority language(s) in the broadcast media.121 Policies should be based on the right of persons belonging to minorities to receive and impart information and ideas also in their own languages,122 as a precondition for their equal and effective participation in public, economic, social and cultural life. At the same time, States may legitimately promote the State language, especially in the public media, within the limits specified above,123 provided that this does not disproportionately curtail the rights of persons belonging to minorities to use their languages in the media or unduly restrict existing linguistic diversity. In pursuing this balance, policies should be based, inter alia, on the following: − While no language limitations are permitted for print and internet-based media, any limitations on choice of language in the broadcast media, whether public or private, need to be carefully evaluated to ensure proportionality and full respect for freedom of expression; 120 As underlined, inter alia, by the OSCE Permanent Council’s Decision no. 193, 1997 (Mandate of the OSCE Representation on Freedom of the Media); also see ECHR, article 10 and its interpretation in case law, in particular Jersild v Denmark, no. 15890/89, 23-09-1994. 121 Media Guidelines, Guideline 5. 122 FCNM, article 9. 123 Guideline 42. Guidelines on Integration of Diverse Societies 61

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