October 2003
post-synchronisation and subtitling, and, if necessary, by creating, promoting
and financing translation and terminological research services.
13)
The ICCPR and ECHR guarantee the freedom of expression “regardless of
frontiers”. The free reception of transfrontier broadcasting is an aspect of
the right of persons belonging to national minorities to establish and maintain
free and peaceful contacts across frontiers particularly with those with whom
they share an ethnic, cultural, linguistic or religious identity, or common
cultural heritage, as stipulated in Article 17 of the Framework Convention and,
in similar terms, in paragraph 32.4 of the Copenhagen Document.
Article 4 of the ECTT states, in part, that the Parties shall “guarantee freedom
of reception and shall not restrict the retransmission on their territories of
programme services which comply with the terms of this convention”. In
addition, Article 11(2) of the European Language Charter, while permitting
regulation, states that “The 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”.
Finally, the principle that transfrontier broadcasting does not relieve States of
their obligation to facilitate domestically produced broadcasting is derived
from Article 9 of the Framework Convention. According to the Advisory
Committee under the Framework Convention, “availability of […]
programmes from neighbouring states does not obviate the necessity for
ensuring programming on domestic issues concerning national minorities and
programming in minority languages” (2002 Opinion on Albania, para. 50).
More specifically, Recommendation 11 of the Oslo Recommendations
regarding the Linguistic Rights of National Minorities states that “Access to
media originating from abroad shall not be unduly restricted. Such access
should not justify a diminution of broadcast time allocated to the minority in
the publicly funded media of the State of residence of the minorities
concerned”.
IV. PROMOTION OF MINORITY LANGUAGES
14)
The principle that States should support broadcasting in minority languages
is reflected in a variety of international instruments. Under Article 27 of the
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