SLP 07 (2014)

261

͸. Substantive Provisions of the Convention Applicable

to Space Communication

The legal definition given by the Radio Regulations of the International Tele-

communication Union

(1.8 RR)

explains that space communication or, in the wording

of the Radio Regulations “space radiocommunication” is any radiocommunication

involving the use of one or more space stations or the use of one or more reflecting

satellites or other objects in space. This very broad category can have many forms – it can

involve the “classical” telecommunicationmeaning the transmission of telephone or other

internet signal via satellite, direct broadcasting of TV or radio programs, or operational

radio communication with a satellite. The key element of this definition is – from the

perspective of the rights protected by the Convention – the word “communication”.

Which provisions of the Convention can be invoked before the Court in relation

to satellite communication? The most natural basis for cases connected with space

communication is Article 10 of the Convention protecting the freedom of expression.

Additionally, there can be a violation of the right to private life protected by Article 8

of the Convention when without legitimation and/ or disproportionately interfering

through an institution attributable to a State with the private content transmitted via

satellite. Third, all administrative procedures connected with space communication

may be subject of Article 6: the autonomous character of the words “civil” rights and

obligations allows applying Article 6 to proceedings concerning the grant or revocation

of a license by the public authorities which is required for setting up a specific business

or carry out certain economic activities.

Fourth, the freedom to hold opinions via

space communication can tackle the freedom of thought protected by Article 9 of

the Convention. Fifth, Article 1 of Protocol No. 1 can be invoked in relation to

the obligation of States to protect the peaceful enjoyment of possessions, including

installations of space communication.

Radio Regulations, Edition of 2012.

In further text „RR“.

Article 10: Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and

to receive and impart information and ideas without interference by public authority and regardless of

frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or

cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such

formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic

society, in the interests of national security, territorial integrity or public safety, for the prevention of

disorder or crime, for the protection of health or morals, for the protection of the reputation or rights

of others, for preventing the disclosure of information received in confidence, or for maintaining the

authority and impartiality of the judiciary.

To interpretation of Article 6 see e.g. ECtHR,

Kingsley v. United Kingdom

, Appl. No. 35605/97, Grand

Chamber Judgment, 28 May 2002, para. 43-45,