17 GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT August 1986 to the Commission, of an infringement of their freedom personally to receive such information and ideas. 51. In short, the applicants can claim to be victims of the alleged violation. II. ALLEGED VIOLATION OF ARTICLE 10 (art. 10) 52. Groppera Radio AG, and also Mr Marquard, Mr Fröhlich and Mr Caluzzi, complained of the ban on cable retransmission in Switzerland of the programmes broadcast by Sound Radio from Italy. They relied on Article 10 (art. 10) of the Convention, which provides: "1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary." A. Whether there was an interference 53. In the applicants’ submission, the administrative decisions of 21 March and 31 July 1984 taken against the co-operative under the Federal Council’s 1983 Ordinance interfered with their right to impart information and ideas regardless of frontiers; the decisions prevented subscribers to the cable networks from receiving the broadcasts from the Pizzo Groppera and thus amounted in effect to a ban on those programmes, which was the more serious as in Switzerland two-thirds of the population can receive broadcasts by cable, and the mountainous terrain often makes reception over the air difficult and sometimes even impossible. 54. Without expressly disputing that Article 10 (art. 10) was applicable, the Government denied that the applicants had any interest in taking proceedings. Sound Radio, they said firstly, used a transmitter of considerable power allowing it to "blanket" the Zürich area and had never been jammed. Secondly, the station had ceased broadcasting on 1 September 1984 not only because of the damage caused by the lightning but also, and more particularly, for economic reasons. Thirdly, it broadcast programmes whose content - mainly light music and commercials - could raise doubts as to whether they were "information" and "ideas".

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