GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT 18 55. The Court notes that the first two of the Government’s submissions reiterate in substance the preliminary objection that has already been dismissed. As to the third submission, the Court does not consider it necessary to give on this occasion a precise definition of what is meant by "information" and "ideas". "Broadcasting" is mentioned in the Convention precisely in relation to freedom of expression. Like the Commission, the Court considers that both broadcasting of programmes over the air and cable retransmission of such programmes are covered by the right enshrined in the first two sentences of Article 10 § 1 (art. 10-1), without there being any need to make distinctions according to the content of the programmes. The disputed administrative decisions certainly interfered with the cable retransmission of Sound Radio’s programmes and prevented the subscribers in the Maur area from receiving them by that means; they therefore amounted to "interference by public authority" with the exercise of the aforesaid freedom. B. Whether the interference was justified 56. The Government submitted, in the alternative, that the interference was in keeping with paragraph 1 (art. 10-1) in fine, according to which Article 10 "shall not prevent States from requiring the licensing of broadcasting ... enterprises"; in the further alternative, they argued that it was justified under paragraph 2 (art. 10-2). 1. Paragraph 1, third sentence, of Article 10 (art. 10-1) 57. As to the first point, the applicants contended that Switzerland had no jurisdiction to regulate reception on its territory of programmes legally broadcast from abroad and retransmitted by cable. Since the Pizzo Groppera station was in Italy, only the Italian authorities might be entitled to grant Groppera Radio AG a licence within the meaning of the third sentence of Article 10 § 1 (art. 10-1). Furthermore, companies which operated cable networks each had a relatively large number of channels; the licences that were granted to them in Switzerland were for purely technical purposes and could not in any circumstances be used to dictate the choice of programmes. In the Commission’s view likewise, the third sentence of Article 10 § 1 (art. 10-1) could not justify the interference complained of. The condition to which the award and holding of the "community-antenna licence" were made subject by the administrative decisions of 21 March and 31 July 1984 was not designed to ensure compliance with a licence issued to a broadcasting enterprise operating under the Swiss system. The legitimacy of the restriction imposed on licensed cable companies by Article 78 § 1 (a) of the 1983 Ordinance could accordingly be assessed only under Article 10 § 2 (art. 10-2).

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