GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT 20 sentence of paragraph 2 (art. 11-2), except for that of lawfulness ("lawful"/"légitimes"). A comparison of the two Articles (art. 10, art. 11) thus indicates that the third sentence of Article 10 § 1 (art. 10-1), in so far as it amounts to an exception to the principle set forth in the first and second sentences, is of limited scope. The Court observes that Article 19 of the 1966 International Covenant on Civil and Political Rights does not include a provision corresponding to the third sentence of Article 10 § 1 (art. 10-1). The negotiating history of Article 19 shows that the inclusion of such a provision in that Article had been proposed with a view to the licensing not of the information imparted but rather of the technical means of broadcasting in order to prevent chaos in the use of frequencies. However, its inclusion was opposed on the ground that it might be utilised to hamper free expression, and it was decided that such a provision was not necessary because licensing in the sense intended was deemed to be covered by the reference to "public order" in paragraph 3 of the Article (see Document A/5000 of the sixteenth session of the United Nations General Assembly, 5 December 1961, paragraph 23). This supports the conclusion that the purpose of the third sentence of Article 10 § 1 (art. 10-1) of the Convention is to make it clear that States are permitted to control by a licensing system the way in which broadcasting is organised in their territories, particularly in its technical aspects. It does not, however, provide that licensing measures shall not otherwise be subject to the requirements of paragraph 2 (art. 10-2), for that would lead to a result contrary to the object and purpose of Article 10 (art. 10) taken as a whole. 62. The sentence in question accordingly applies in the instant case inasmuch as it permits the orderly control of broadcasting in Switzerland. 63. The Court notes that the Pizzo Groppera station as such admittedly came under Italian jurisdiction, but that the retransmission of its programmes by the Maur co-operative came under Swiss jurisdiction. The ban on retransmission was fully consistent with the Swiss local radio system established by the Federal Council in its Ordinance of 7 June 1982 (see paragraphs 13-14 above). 64. In sum, the interference was in accordance with the third sentence of paragraph 1 (art. 10-1); it remains to be determined whether it also satisfied the conditions in paragraph 2 (art. 10-2), that is to say whether it was "prescribed by law", had a legitimate aim or aims and was "necessary in a democratic society" in order to achieve them. 2. Paragraph 2 of Article 10 (art. 10-2) (a) "Prescribed by law" 65. The applicants did not object to the fact that the Ordinance of 17 August 1983 referred to the rules of international law, but they did not consider these sufficiently accessible or precise for a citizen to be able to

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