GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT
CONCURRING OPINION OF JUDGE MATSCHER, APPROVED BY JUDGE
BINDSCHEDLER-ROBERT
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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).