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