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 th e 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 unde r 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 t he purpose of the culture of communication which is based on a comprehensive and broadly based democratic discourse.

Admissible under Article 10.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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