Guidelines on the use of Minority Languages in the Broadcast Media
ownership: broadcasting and the press). The OSCE Geneva Document, in
Chapter VII, calls for specific support by the State to the electronic mass media
by providing information so that the latter takes into account in their
programmes, inter alia, the linguistic identity of national minorities.
16)
The call for States to consider providing financial support for minority
language broadcasting is derived from the requirements of effective equality in
access to the broadcast media for persons belonging to national minorities.
Article 19 of the Central European Initiative’s Instrument for the Protection of
Minority Rights stipulates, inter alia, that “States guarantee the right of persons
belonging to a national minority to avail themselves of the media in their own
language, in conformity with relevant State regulations and with possible
financial assistance”. The principle of non-discrimination requires that
minority language broadcasters receive an equitable proportion of State support
for the media. Article 11(1)(f) of the European Language Charter stipulates that
States Parties must either “cover the additional costs of those media which use
regional or minority languages, wherever the law provides for financial
assistance in general for the media,” or “apply existing measures for financial
assistance also to audiovisual production in the regional or minority
languages”.
Regarding the production and distribution of audiovisual works in minority
languages, as noted above Article 11(1)(d) of the European Language Charter
obliges States Parties “to encourage and/or facilitate the production and
distribution of audio and audiovisual works in the regional or minority
languages.” In Recommendation No. R (93) 5 of the Committee of Ministers
of the Council of Europe, entitled Containing Principles Aimed at Promoting
the Distribution and Broadcasting of Audiovisual Works Originated in
Countries or Regions with a Low Audiovisual Output or a Limited Geographic
or Linguistic Coverage on the European Television Markets, the Committee
has expressed the view that the freedoms enshrined in Article 10 of the ECHR
“can be exercised meaningfully by audiovisual producers in countries and
regions with a low audiovisual output or a limited geographic or linguistic
coverage by enabling them to have an effective access to the European
television markets for the distribution of their works”. Within the European
Union, Recital 31 of the Preamble to Directive 97/36/EC stresses the need for
the Community to promote independent producers “taking into account the
audiovisual capacity of each Member State and the need to protect lesser used
languages of the European Union.” In defining the notion of “independent
producer”, Member States should “take appropriate account of criteria such as
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