Guidelines on the use of Minority Languages in the Broadcast Media
In seeking to respond to these concerns, the HCNM decided to undertake two parallel
and complementary processes focusing on the use of language as a means of
communication in the broadcast media. The first was a survey of State practice across
the OSCE region in order to clarify the basic facts (essentially in terms of legislation,
principal regulations and critical jurisprudence) with regard to the regulation of
minority languages in the broadcast media. The survey was carried out at the High
Commissioner’s request by the Programme in Comparative Media Law and Policy at
the Centre for Socio-Legal Studies, Wolfson College, University of Oxford, and the
Institute for Information Law, University of Amsterdam. The resulting study can be
accessed electronically at: www.ivir.nl/publications/mcgonagle/minority-languages.pdf. In a
second, separate but closely related process, the HCNM (in close co-operation with
the Office of the OSCE Representative on Freedom of the Media), together with the
directly responsible international organisations, engaged in a process of analysis of
the specific content of relevant provisions of the applicable international instruments
(and relevant case law). An initial meeting of experts comprising representatives of
relevant international organizations, along with independent persons and nongovernmental actors with particular expertise in this field was convened by the
HCNM in March 2002. A further expert meeting took place in June 2003 to discuss a
set of draft Guidelines on the Use of Minority Language(s) in the Broadcast Media
based on a commissioned paper. On the basis of this work, the independent experts
agreed in the autumn of 2003 on the accompanying Guidelines.
The independent experts were:
Ms. Julia Apostle (Canadian), Legal Officer, Article 19, United Kingdom; Dr.
Elena Chernyavska (Ukrainian), Head of CEE Projects, MADP, European
Institute for the Media, Germany; Ms María Amor Martín Estébanez (Spanish),
Researcher and Consultant, Centre for Socio-Legal Studies University of
Oxford, United Kingdom; Professor Karol Jakubowicz (Polish), Expert,
National Broadcasting Council of Poland; Mr. Mark Lattimer (British),
Director, Minority Rights Group International, United Kingdom; Mr Tarlach
McGonagle (Irish), Researcher/Editor, the Institute for Information Law
(IViR), University of Amsterdam, the Netherlands; Professor Tom Moring
(Finnish), Swedish School of Social Science, University of Helsinki, Finland;
Professor Monroe Price (American), Cardozo School of Law, New York, and
Co-Director, Programme in Comparative Media Law and Policy, Centre for
Socio-Legal Studies, University of Oxford, United Kingdom.
Valuable input was also received at both meetings and in subsequent communications
from: the Secretariat of the Council of Europe; the Legal Service of the European
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