CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 9 décembre 1988

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                            AS TO THE ADMISSIBILITY OF                         Application No. 12734/87                       by Stiftelsen CONTRA                       against Sweden             The European Commission of Human Rights sitting in private on 9 December 1988, the following members being present:                 MM. C. A. NØRGAARD, President                   S. TRECHSEL                   E. BUSUTTIL                   A. S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H. G. SCHERMERS                   H. DANELIUS                   J. CAMPINOS                   H. VANDENBERGHE              Mrs.   G. H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ                   C. L. ROZAKIS              Mrs.   J. LIDDY                Mr.   H.C. KRÜGER Secretary to the Commission           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;           Having regard to the application introduced on 5 June 1986 by Stiftelsen CONTRA against Sweden and registered on 13 February 1987 under file No. 12734/87;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:     THE FACTS           The facts of the case, as submitted by the applicant, may be summarised as follows.           The applicant, Stiftelsen Contra, is a foundation with the aim of disseminating information on political issues.   It publishes a periodical called Contra and three to four books per year.   Before the Commission, the applicant foundation is represented by Mr.   Anders Fjällström, who is the responsible editor of Contra and a member of the board of the foundation.           On 30 June 1986 the agreement between the Swedish Radio and the Swedish State came to an end.   With reference thereto the applicant foundation, on 18 November 1985, submitted a request to the Government that it be given a permit to broadcast radio and television programmes either by taking over the agreement of the Swedish Radio with the State or by entering into a separate agreement with the State.   In its application the foundation referred to Article 10 of the Convention.           On 12 December 1985 the Government (the Ministry of Education) rejected the application.           Under Section 5 of the Radio Act (radiolagen) it is a condition for the right to make television and radio broadcasts in Sweden to the public that the Government grant a licence.   Such a licence which was previously granted to the Swedish Radio is now granted only to its subsidiary companies, the Swedish Television, the Swedish National Radio, the Swedish Local Radio and the Swedish Educational Radio.           However, local radio and television broadcasts may also be carried out on the basis of the provisions of the Local Radio Act (närradiolagen) and the Act on Local Cable Broadcasting (lagen om lokala kabelsändningar).   Under the Local Radio Act, various private associations may be granted a broadcasting licence.   Moreover, television and radio broadcasts from abroad, notably by satellite, may also be received in Sweden.   COMPLAINTS           The applicant foundation complains that there has been a violation of Article 10 of the Convention since the Government rejected its application without giving any reasons for it.     THE LAW           Article 10 (Art. 10) of the Convention reads:   "1.    Everyone has the right to freedom of expression.   This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.   This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.   2.   The exercise of these freedoms, since it carries with it duties and responsibiities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."           In a previous case against Sweden (No. 9297/81, Dec. 1.3.82, D.R. 28 p. 204) the Commission stated:   "It is true that Article 10 (Art. 10) of the Convention guarantees to everyone the right to freedom of expression and that this right includes freedom to hold opinions and to receive and impart information and ideas without interference by any public authority.   However, it is also provided that Article 10 (Art. 10) does not prevent a State from requiring the licensing of broadcasting, television or cinema enterprises.   This last-mentioned provision does of course imply that for practical reasons the first-mentioned rights will be of a more limited scope in a State which requires licensing of radio and television.   It should however be noted that a State that establishes a system requiring licensing has special duties to ensure that the rights under Article 10 (Art. 10) of the Convention remain protected."           In an earlier decision (No. 4515/70, Dec. 12.7.71, Yearbook 14 p. 538) the Commission stated as follows:   "It is evident that the freedom to 'impart information and ideas' included in the right to freedom of expression under Article 10 (Art. 10) of the Convention, cannot be taken to include a general and unfettered right for any private citizen or organisation to have access to broadcasting time on radio or television in order to forward its opinion.   On the other hand, the Commission considers that the denial of broadcasting time to one or more specific groups or persons may, in particular circumstances, raise an issue under Article 10 (Art. 10) alone or in conjunction with Article 14 (Art. 14) of the Convention. Such an issue would, in principle, arise, for instance, if one political party was excluded from broadcasting facilities at election time while other parties were given broadcasting time."           The fact that, in the present case, the applicant foundation was refused a permission to broadcast radio and television programmes does not as such raise an issue under Article 10 (Art. 10) of the Convention since the third sentence of the first paragraph authorises a State to refuse permission to such broadcasting (cf.   No. 10746/84, Dec. 16.10.86, to be published in D.R.).           The Commission considers that an issue could arise under Article 10 (Art. 10) if such a refusal were arbitrary, discriminatory or otherwise contrary to the requirements of objectivity and impartiality (cf.   No. 12439/86, Dec. 15.10.87, unpublished).   The Commission notes that the present case concerns a request for broadcasting on a nationwide basis and not any request under the Local Radio Act or the Act on Local Cable Broadcasting.   Given the Swedish legislation with regard to broadcasting of radio and television programmes on a nationwide basis, and the practice based thereon, which limits the right of broadcasting radio and television to the subsidiary companies of the Swedish Radio, the refusal must have been foreseeable for the applicant foundation.   Consequently, and in the absence of any elements to the contrary, the Commission considers that the refusal, although no reasons were given for it, cannot be regarded as having any purpose or effect that could raise an issue under Article 10 (Art. 10) of the Convention.           It follows that the application is manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.             For these reasons, the Commission           DECLARES THE APPLICATION INADMISSIBLE     Secretary to the Commission                President of the Commission             (H. C. KRUGER)                               (C. A. NØRGAARD)