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Article 9
55.
This article contains more detailed rules for the protection of the freedom of expression
than Article 7.
Paragraph 1
56.
The first sentence of this paragraph is modelled on the second sentence of Article 10,
paragraph 1, of the ECHR. Although the sentence refers specifically to the freedom to receive
and impart information and ideas in the minority language, it also implies the freedom to receive
and impart information and ideas in the majority or other languages.
57.
The second sentence of this paragraph contains an undertaking to ensure that there is no
discrimination in access to the media. The words “in the framework of their legal systems” were
inserted in order to respect constitutional provisions which may limit the extent to which a Party
can regulate access to the media.
Paragraph 2
58.
This paragraph is modelled on the third sentence of Article 10, paragraph 1, of the
ECHR.
59.
The licensing of sound radio and television broadcasting, and of cinema enterprises,
should be non-discriminatory and be based on objective criteria. The inclusion of these
requirements, which are not expressly mentioned in the third sentence of Article 10, paragraph
1, of the ECHR, was considered important for an instrument designed to protect persons
belonging to a national minority.
60.
The words “sound radio”, which also appear in paragraph 3 of this article, do not appear
in the corresponding sentence in Article 10 of the ECHR. They are used in order to reflect
modern terminology and do not imply any material difference in meaning from Article 10 of the
ECHR.
Paragraph 3
61.
The first sentence of this paragraph, dealing with the creation and use of printed media,
contains an essentially negative undertaking whereas the more flexibly worded second sentence
emphasises a positive obligation in the field of sound radio and television broadcasting (for
example the allocation of frequencies). This distinction reflects the relative scarcity of available
frequencies and the need for regulation in the latter field. No express reference has been made to
the right of persons belonging to a national minority to seek funds for the establishment of
media, as this right was considered self-evident.
Paragraph 4
62.
This paragraph emphasises the need for special measures with the dual aim of
facilitating access to the media for persons belonging to national minorities and promoting
tolerance and cultural pluralism. The expression “adequate measures” was used for the reasons