Guidelines on the use of Minority Languages in the Broadcast Media
for freedom of expression. In that case, the Court specified (in para. 38) that
the public’s entitlement to receive information and ideas of general interest
“cannot be successfully accomplished unless it is grounded in the principle of
pluralism, of which the State is the ultimate guarantor. This observation is
especially valid in relation to audio-visual media, whose programmes are often
broadcast very widely.” In the same vein, Article 9(4) of the Council of
Europe’s 1994 Framework Convention for the Protection of National
Minorities (Framework Convention) requires States Parties to “adopt adequate
measures in order to facilitate access to the media for persons belonging to
national minorities and in order to promote tolerance and permit cultural
pluralism”.
Moreover, Article 10bis of the 1989 (amended 2002) European Convention on
Transfrontier Television (ECTT) requires States Parties to endeavor to avoid
endangering media pluralism. The Declaration on the Freedom of Expression
and Information, adopted by the Committee of Ministers of the Council of
Europe in 1982, in Article II(d) stipulates the objective to achieve “the
existence of a wide variety of independent and autonomous media, permitting
the reflection of diversity of ideas and opinions”. The OSCE participating
States, in paragraph 6.2 of the Cracow Document, have expressed their
conviction that a diversity of private-sector broadcasters “helps to ensure
pluralism and the freedom of artistic and cultural expression”.
3)
The duty of the State to protect the linguistic (and other) identity of persons
belonging to national minorities is entrenched in a number of international
instruments and in the jurisprudence of the European Court of Human Rights.
Article 1 of the 1992 United Nations Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities (U.N.
Declaration on Minorities) is particularly relevant:
1. States shall protect the existence and the national or ethnic,
cultural, religious and linguistic identity of minorities within
their respective territories and shall encourage conditions for
the promotion of that identity.
2. States shall adopt appropriate legislative and other measures
to achieve those ends.
Article 4(2) further stipulates that “States shall take measures to create
favourable conditions to enable persons belonging to minorities to express their
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