Guidelines on the use of Minority Languages in the Broadcast Media Convention in specific circumstances. Such a problem would arise, for example, if the refusal to grant a licence resulted directly in a considerable proportion of the inhabitants of the area concerned being deprived of broadcasts in their mother tongue. With regard to private media, the Parliamentary Assembly of the Council of Europe in paragraph 17(vi) of Recommendation 1589 (2003) on Freedom of Expression in the Media in Europe has urged Member States “to abolish restrictions on the establishment and functioning of private media broadcasting in minority languages”. 11) With regard to the proportionality of any regulation, the European Court of Human Rights has consistently found Article 10 of the ECHR to require that broadcasting regulations pursue a legitimate aim and be proportionate to that aim. In paragraph 32 of the Lentia Case, the Court enumerated the following considerations, other than technical, for appropriate licensing: “the nature and objectives of a proposed station, its potential audience at national, regional or local level, the rights and needs of the specific audience and the obligations derived from international legal instruments”. In its judgment in the case of Tele 1 Privatfernsehgesellschaft MBH v. Austria (21 September 2000, App. No. 32240/96, paras. 39-40), the Court found that the size of the target audience and their ease of access to alternative broadcasts (e.g., through cable television) are relevant factors in determining the proportionality of restrictions. In the Verein Alternatives Case, the Commission specified that political circumstances – “such as cultural and linguistic pluralism, balance between lowland and mountain regions and a balanced federalist policy” – may also be taken into account when assessing proportionality of regulation. 12) The regulation of the translation, dubbing, post-synchronisation and subtitling of audiovisual works in minority languages and into minority languages should be consistent with the right to freedom of expression, contribute to the fulfilment of international obligations regarding minority protection as well as the promotion of understanding, tolerance and friendship between persons belonging to national minorities and the majority population of the State. Regulations should not interfere with the broadcasting or the receipt of broadcasts in minority languages. Article 12 of the European Language Charter requires States Parties to foster access to works produced in regional or minority languages by aiding and developing translation, dubbing, 21

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