SLP 07 (2014)

͸.ͷ Freedom of Expression Article 10 of the Convention covers the freedom of natural and legal persons under the jurisdiction of States Parties of the Convention to “receive and impart information and ideas” without interference of the public authority and regardless of frontiers, including by the means of radio and television 7 – e.g. by broadcasting over the air or by cable transmission 8 or by setting up a radio or television station. 9 In its jurisprudence, the Court stated that Article 10 protects not only the substance of ideas and information but also the form, in which they are conveyed; 10 any restriction of the means of communication would imply a restriction of the freedom protected by Article 10. When analyzing Article 10, it can be reminded that the Convention protects the freedom to receive and impart information similarly as the almost universally applicable later 1966 International Covenant on Civil and Political Rights. 11,12 Both treaties require the States Parties to ensure that the rights contained in the respective provisions are given full effect in the domestic law; both allow for exemptions from the protected rights only under strict conditions of lawfulness and proportionality. Concerning licensing of broadcasting, Article 10 of the ECHR formulates expressly the right of States to establish a licensing system, whereas Article 10 of the ICCPR speaks more generally about “certain restrictions” derived from “special duties and responsibilities” of the States. These obligations of member States consist by large in their specific duties derived from their membership in the International Telecommunication Union and defined in its Constitution, convention and Radio Regulations. This relation makes both regimes closely intertwined in the area of communication. 7 ECtHR, Informationsverien Lentia and Others v. Austria , Application No. 13914/88, 1504/89, 15717/89, 15779/89, 17207/90, Judgment, 24 November 1993. 8 ECtHR, Groperra Radio AG and Others v. Switzerland , Appl. No. 10890/84, Judgment, 28 March 1990, para. 55. 9 ECtHR, Informationsverien Lentia and Others v. Austria, op. cit. 10 ECtHR, News Verlags GmbH &Co. KG v. Austria , Appl. No. 31457/96, Judgment, 11 January 2000, para. 39. 11 In further text “ICCPR”. 12 Article 19: 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order ( ordre public ), or of public health or morals.

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