The key societal and democratic role that the media play implies that their
freedom has to be especially protected.120 At the same time, the fact that the
media plays such an important role in shaping the societal climate, also regarding
intercommunity relations, implies that they need to take the effect of their work on
social cohesion and integration into account. The media need to be mindful of the
potential consequences when they report statements made by politicians or other
public figures that contribute to negative stereotyping and other divisive activities.
49. Measures to promote the State or official language(s) in the media should
not disproportionately curtail the right to use a minority language.
The meaningful presence of minority languages in locally produced media signals
an inclusive policy towards minorities and reflects a positive value put on linguistic
diversity. States should therefore develop policies, in consultation with minorities, to
address the use of minority language(s) in the broadcast media.121 Policies should
be based on the right of persons belonging to minorities to receive and impart
information and ideas also in their own languages,122 as a precondition for their
equal and effective participation in public, economic, social and cultural life.
At the same time, States may legitimately promote the State language, especially
in the public media, within the limits specified above,123 provided that this does not
disproportionately curtail the rights of persons belonging to minorities to use their
languages in the media or unduly restrict existing linguistic diversity.
In pursuing this balance, policies should be based, inter alia, on the following:
− While no language limitations are permitted for print and internet-based media,
any limitations on choice of language in the broadcast media, whether public or
private, need to be carefully evaluated to ensure proportionality and full respect
for freedom of expression;
120 As underlined, inter alia, by the OSCE Permanent Council’s Decision no. 193, 1997 (Mandate of the OSCE
Representation on Freedom of the Media); also see ECHR, article 10 and its interpretation in case law, in
particular Jersild v Denmark, no. 15890/89, 23-09-1994.
121 Media Guidelines, Guideline 5.
122 FCNM, article 9.
123 Guideline 42.
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