− Quotas for public broadcasting in the State language may be legitimate, but
should be complemented by special provisions to ensure that the linguistic
rights of persons belonging to national minorities are guaranteed; for instance,
through the flexible implementation of such quotas and/or through exemptions
for regions where minority communities live in substantial numbers. Furthermore,
imposing language quotas must never imply regulation of content and must fully
respect the freedom of the media. The imposition of rigid quotas on private
broadcasters may conflict with freedom of expression. Therefore, promotion of
the State language in private broadcasting, where justified by a legitimate aim,
may be better achieved through using various economic incentives, including
distribution of State grants and support for content production;124
− If subtitling, quotas and/or rebroadcasting requirements are introduced to
promote integration, the State should provide adequate financial and technical
support to ensure it does not disproportionately affect minority-language use. In
some contexts, subtitling can be an effective tool for improving cross-community
communication and outreach. For example, multilingual programmes are
sometimes created and subtitled in both majority and minority languages to
encourage interaction among groups and overcome language barriers;
− Minorities’ access to and presence in general public media programming
should be promoted, including by creating conditions favourable to diversity
and pluralism in the media;
− Public service broadcasting should reflect the cultural and linguistic diversity
of society. As such, it should guarantee that persons belonging to minorities,
including numerically smaller national minorities, and their languages are given
adequate representation. This also applies to bodies regulating the broadcast
media. States should ensure that the interests of minority-language users are
represented or taken into account specifically within regulatory bodies125;
− Although it is not uncommon for minorities living in border areas to access
broadcasts from neighbouring States with which they may share a common
language, this does not absolve the host State from its responsibilities to
safeguard minority rights, including linguistic and media-related rights. In any
case, it is in the State’s interest to provide information on matters relevant
within the State to all members of society. Such outreach is necessary to build
a common framework for understanding social processes and thus for the
integration of society. The State should consider means to ensure that sufficient
information is also available in minority languages;
124 Commentary on Language, paragraph 43.
125 European Charter for Regional or Minority Languages, article 11(3).
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Guidelines on Integration of Diverse Societies