DEMUTH v. SWITZERLAND - 38743/97 [2002] ECHR 704 (5 November 2002)
The refusal to grant a broadcasting licence to Car TV AG was prescribed by law, pursued a legitimate aim of maintaining pluralism and quality in broadcasting, and was proportionate to that aim. The Swiss authorities acted within their margin of appreciation, and the interference with the applicant's freedom of expression was justified under Article 10 of the Convention.
- Citation
- [2002] ECHR 704
- Parties
- Applicant: Walter Michael Demuth; Respondent: Swiss Confederation
- Jurisdiction
- European Union
- Judgment Date
- 05 November 2002
- Procedural Posture
- Application to the European Court of Human Rights / Final Judgment
- Outcome
- No violation of Article 10 of the Convention.
- Legal Topics
- Freedom of Expression, Broadcast Licensing, Proportionality, Margin of Appreciation
Case Brief
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Parties
Walter Michael Demuth
Applicant
Swiss Confederation
Respondent
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Legal Issues
- 1 Whether the refusal to grant a broadcasting licence to Car TV AG violated Article 10 of the European Convention on Human Rights
Ratio Decidendi
The refusal to grant a broadcasting licence to Car TV AG was prescribed by law, pursued a legitimate aim of maintaining pluralism and quality in broadcasting, and was proportionate to that aim. The Swiss authorities acted within their margin of appreciation, and the interference with the applicant's freedom of expression was justified under Article 10 of the Convention.
Court Disposition
No violation of Article 10 of the Convention.
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