October 2003
II.
POLICY
5)
States should develop policy to address the use of minority language(s) in the
broadcast media. Policy should be based on an ascertainment of the needs of
persons belonging to national minorities to maintain and develop their
identities.
In the development and application of such policy, persons belonging to
national minorities should enjoy effective participation, including in
consultative processes and representation in relevant institutions and bodies.
6)
Independent regulatory bodies should be responsible for the implementation
and enforcement of State policy. Such bodies should be established and should
function in a transparent manner.
7)
State policy should support public service broadcasting which provides a wide
and balanced range of informational, educational, cultural and entertainment
programming of high quality in order, inter alia, to meet the needs of persons
belonging to national minorities. States should maintain and, where necessary,
establish the financial, technical and other conditions for public service
broadcasters to fulfill their mandates in this field.
8)
State policy should facilitate the establishment and maintenance by persons
belonging to national minorities of broadcast media in their own language.
III. REGULATION
9)
Permissibility of Regulation
States may regulate the broadcast media for the protection and promotion of
the freedom of expression, cultural and linguistic diversity, the maintenance
and development of cultural identity, and for the respect of the rights or
reputations of others. Such regulation, including licensing, must be prescribed
by law, based on objective and non-discriminatory criteria and shall not aim to
restrict or have the effect of restricting broadcasting in minority languages.
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