GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT CONCURRING OPINION OF JUDGE MATSCHER, APPROVED BY JUDGE BINDSCHEDLER-ROBERT 26 CONCURRING OPINION OF JUDGE MATSCHER, APPROVED BY JUDGE BINDSCHEDLER-ROBERT (Translation) While recognising that paragraph 1 of Article 10 (art. 10-1) unquestionably applies in the instant case, I am firmly opposed to the statement - which is apparently unqualified and is in any case unnecessary for the reasoning - that whether this paragraph applies never depends on the content of the programme, however broadcast (see paragraph 55 in fine of the judgment). One can very readily imagine programmes being broadcast which in no way amount to the communication of "information and ideas" and which therefore, on account of their content, do not come within the right protected by Article 10 § 1 (art. 10-1).

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