264 / 300
262
.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.