ACFC/44DOC(2012)001 rev
persons belonging to national minorities are guaranteed, for instance, through the flexible
implementation of such quotas and or through exemptions of regions where minority
communities live in substantial numbers.45 The imposition of language quotas must never
imply regulation of content and must fully respect the freedom of the media. Costs for
translation or subtitling in order to adhere to such quotas should be taken into account when
allocating public funds to minority language media.
44.
Moreover, it is important to note that Article 6 of the Framework Convention
explicitly calls for action in the media field to promote tolerance and intercultural dialogue in
society, and to promote social cohesion. The Advisory Committee has repeatedly underlined
the important role of the media in promoting tolerance and respect for diversity, and has
criticised media for fuelling inter-ethnic hostilities through biased reporting.46 It is important
in this context to ensure that regulatory bodies are established to promote ethical journalism,
including through targeted training and awareness-raising activities, and that such bodies also
include minority representatives and regularly consult with minority communities.
2.
PRIVATE SECTOR MEDIA
45.
The Advisory Committee values the significant role played by private and community
media for the realisation of linguistic rights of persons belonging to national minorities, and
has welcomed the contribution made by the private sector media in the areas of integration
and the general appreciation of cultural diversity in society.47 Given the competitiveness of
the private media sector, the authorities should consider the creation of incentives for private
and community media providers, for instance through funding and the allocation of
frequencies, to increase access to and presence in the media especially of numerically smaller
minorities and their languages. Special attention should be paid in this regard to the particular
needs of rural and remote areas where persons belonging to national minorities live
traditionally or in substantial numbers.
46.
As regards the application of official language quotas in the private media sector, the
Advisory Committee finds that particular attention must be paid to ensuring that private
initiative is not unduly limited and that language quotas do not hinder the creation or
continuation of minority language media.48 The Advisory Committee has held that the
application of an official language quota of 75% to the private media sector is incompatible
with Article 9.3 of the Framework Convention.49 Negative consequences facing minority
language outlets may include the limitation of broadcasting time, increased costs due to
requirements for translation or the production of subtitling in the official language, and even,
in some instances, fines for infringements of legal provisions in this domain.
3.
PRINT MEDIA
47.
While Article 9.3 contains mainly a negative obligation not to hinder the creation and
use of print media, the Advisory Committee has underlined in a number of country-specific
Opinions its particular significance for persons belonging to national minorities. 50 Serving as
an important and traditional means of receiving information and news in particular for the
elderly members of the minority community concerned, minority language print editions also
have a considerable symbolic and ‘emblematic’ value for the community as a whole, as they
confirm the existence of the language in the public sphere. In addition, the Advisory
45
Second Opinion on Ukraine.
See, for instance, Third Opinion on Ukraine; Third Opinion on the Russian Federation.
47
See for instance, Third Opinion on Austria.
48
Third Opinion on Moldova.
49
Second Opinion on Ukraine.
50
See, for instance, Third Opinion on Finland.
46
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