A/HRC/22/49 E. Minority languages in the media 54. Minorities have the right to enjoy media in their own language and establish their own media. Nevertheless, restrictions on the free establishment and functioning of media in minority languages have been witnessed in a number of countries. For minority communities the right to media in their language and appropriate to their cultural identity is particularly important and a vital vehicle for the preservation and transmission of minority cultures. Any unreasonable prohibition or restrictions of such rights in public or in private media could constitute a violation of minority rights and freedom of expression. Restrictions reported include barriers to the issuance of licences and the adoption of legislation prescribing quotas for broadcasting time in a certain language. No undue restrictions, censorship or requirements for translation should be imposed on minoritylanguage media.23 55. A lack of minority language programmes in publicly funded media is frequently a concern, and public media should review the extent to which its content caters to minority audiences. Where relatively large minority communities are dispersed throughout a country, minority language programmes broadcast nationally should be considered. In other cases regional-based programming may be a more appropriate solution, catering to the needs of minorities concentrated in particular regions. The extent of programming depends on factors such as demand and, to some extent, the availability of private minority media sources. Nevertheless, minorities pay for public media via their taxes and consideration must be given to their content requirements. In the United Kingdom of Great Britain and Northern Ireland, the Asian Network of the BBC provides publicly funded radio programming, in languages such as Bengali, Gujurati, Hindi, Punjabi and Urdu, that responds to the language, cultural and artistic requirements of listeners originating from and around the Indian subcontinent.24 56. Problems relating to access to minority language media may stem not from State legislation or policy but from a lack of resources, skills and technical or journalistic training that limits capacity to establish minority language media. In such cases the State can play a valuable role in assisting minorities and, where necessary, financially supporting training and initiatives to create minority language media. Minorities have the right to maintain cross-border relations, including with kin States, and these extend to the ability to receive language media and web-based information originating from abroad that conforms to international standards, for example with respect to the prohibition of incitement to ethnic or religious hatred. F. Minority languages in public administration and judicial fields 57. The ability of minorities to engage institutions and administrative bodies in minority languages ensures that they are able to express their views, participate in consultative processes and influence national policy that affects them and the regions where they live. Where linguistic minorities face language barriers to their interaction with authorities their right to participate fully in public life, as required by the 1992 Declaration on Minorities, may be limited. Some States have population percentage thresholds above which minorities may use minority languages in official interactions with government officials and bodies 23 24 In 2003, the OSCE High Commissioner on National Minorities published the Guidelines on the Use of Minority Languages in the Broadcast Media, which provide valuable guidance of relevance to States in the OSCE region and which will also be useful to other countries globally. See www.bbc.co.uk/asiannetwork/. 15

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