Information Note on the Court’s case-law 34
September 2001
Demuth v. Switzerland (dec.) - 38743/97
Decision 27.9.2001 [Section II]
Article 10
Article 10-1
Licensing of broadcasting enterprises
Refusal to grant licence to broadcast television channel: admissible
The applicant intended to set up a television channel to be broadcast via the cable network in Switzerland, Austria and Germany. The programmes of the channel were to be limited to cars and related issues, ranging from car equipment to environmental topics. The applicant filed with the Government a request for a licence to broadcast. The Federal Council rejected it, holding that there was no right under domestic law or the Convention to obtain a licence to broadcast. It considered that electronic media should contribute to a culture of communication and a democratic discourse. It added that segment programmes centred on specific issues could not serve the purpose of the culture of communication which is based on a comprehensive and broadly based democratic discourse.
Admissible under Article 10.
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This summary by the Registry does not bind the Court.
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