GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT
CONCURRING OPINION OF JUDGE VALTICOS
38
CONCURRING OPINION OF JUDGE VALTICOS
(Translation)
Like the majority of the Court I consider that there has been no breach of
Article 10 (art. 10) of the Convention, but for different, simpler reasons.
It seems to me that the issue raised is one that in all events does not come
within the ambit of Article 10 (art. 10). That provision refers to "freedom of
expression", defined as including "freedom to hold opinions and to receive
and impart information and ideas without interference by public authority
and regardless of frontiers".
Can the view really be taken that this case raises an issue of freedom of
expression, and in particular of the imparting of information and ideas?
What was actually broadcast by the radio station in question? According to
its own representative, Mr Minelli, at the public hearing on 21 November
1989, it broadcast light music, variety programmes, news and programmes
in which listeners could take part. Apart from the news programmes, which
were clearly bulletins of the type usual in broadcasts of this kind, these
programmes were therefore essentially light entertainment and contained
none of the kind of discussion or mere airing of views and expression of
ideas or cultural or artistic events with which Article 10 (art. 10) is
concerned. Mr Minelli moreover specified that the programming left
political problems untouched and aimed to provide entertainment but also
an opportunity for the expression of personal opinions on personal matters.
This is far from the discussion of ideas and artistic expression. Besides, the
radio station's essentially commercial objective accounts for the emphasis
on mere entertainment in its programmes. Article 10 (art. 10) is certainly
not designed to protect either commercial operations or mere entertainment.
I therefore conclude that no issue arises under it and that consequently there
can be no question of a breach in this case.