Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 12/04/2007

Subject: The applicant company, Özgür Radyo-Ses Radyo Televizyon Yayın Yapım Ve Tanıtım A.Ş., is a radio and television station which used to broadcast in Istanbul (Turkey). The case concerned in particular the 365-day suspension of the company’s operating licence on account of a song which it broadcast. The Radio and Television Council (Radyo ve Televizyon Üst Kurulu – the RTÜK) took the view that the words of the offending song infringed the principle set forth in section 4(g) of Law no. 3984, prohibiting the broadcasting of material likely to incite the population to violence, terrorism or ethnic discrimination, and of a nature to arouse feelings of hatred among them. The Court held unanimously that there had been a violation of Article 10 (freedom of expression) and that it was not necessary to examine separately a complaint under Article 14 (prohibition of discrimination).

Parties: Özgür Radyo-Ses Radyo Televizyon Yayın Yapım Ve Tanıtım A.Ş. c/ Turchia

Classification: Freedoms - Art. 11 Freedom of expression