The court considered the licensing system for television broadcasts in Switzerland and concluded that it was capable of contributing to the quality and balance of programmes through the powers conferred on the government. It was therefore consistent with the third sentence of paragraph 1 of Article 10. The Court emphasised the margin of appreciation afforded to domestic authorities in this context, and stated that the degree of scrutiny of the executive’s decision may be less severe where what is concerned is commercial speech.
Citations:
38743/97, [2002] ECHR 704
Links:
Statutes:
European Convention on Human Rights 10
Jurisdiction:
Human Rights
Cited by:
Cited – Wildman, Regina (on the Application of) v The Office of Communications Admn 25-Jul-2005
The claimant sought judicial review of an order quashing the decision of the Office of Communications to refuse a radio licence.
Held: The court should be very cautious before quashing a decision as to the allocation of broadcasting licences. . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Media
Updated: 16 July 2022; Ref: scu.177906