Guidelines on the use of Minority Languages in the Broadcast Media
10)
Promotion of Languages
In regulating the use of language in the broadcast media, States may promote
the use of selected languages. Measures to promote one or more
language(s) should not restrict the use of other languages. States may not
prohibit the use of any language in the broadcast media. Measures to promote
any language in broadcast media should not impair the enjoyment of the rights
of persons belonging to national minorities.
11)
Proportionality of Regulation
Any regulation, whether prescriptive or proscriptive, must pursue a legitimate
aim and be proportionate to that aim. When assessing the proportionality of
any regulation, specific factors concerning the nature of the media and wider
social environment should be considered. Such factors include:
•
The nature and objectives of the measure, including its potential to
contribute to the quality and balance of programming, in pursuit of the
protection and promotion of freedom of expression, cultural and
linguistic diversity, and the maintenance and development of cultural
identity.
•
The existing political, social and religious context, including cultural
and linguistic diversity, structures of governance, and regional
characteristics.
•
The number, variety, geographical reach, character, function and
languages of available broadcasting services – whether public, private
or foreign – at all levels (national, regional and local). The financial
costs to the audience of the various services, technical possibilities for
reception and the quantity as well as the quality of broadcasting, both in
terms of the scheduling of slots and the type of programming, are all
relevant considerations.
•
The rights, needs, expressed desires and nature of the audience(s)
affected, including their numerical size and geographical concentration,
at each level (national, regional and local).
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