A Case Initiated with regard to Changes in the Regulation on the Language of Radio Programme
On 3 July 2015 the 4th Panel of the Constitutional Court initiated a case “On the Compliance of Para 27 in Transitional Provisions of Electronic Mass Media Law with Article 1, the first sentence in Article 100 and Article 105 of the Satversme of the Republic of Latvia.”
The Contested Norm
The contested norm provides: “The radio programme of the electronic mass medium, whose broadcasting permit for the radio programme stipulates the requirement, or from which the requirement arises that the part of the radio programme broadcast in the official language may not be less that 50 per cent, shall be in the official language starting from 1 January 2016. The electronic mass medium whose radio programme is in the official language starting from 1 January 2016, shall re-register its broadcasting permit by 31 December 2015. The re-registered broadcasting permit shall come into force on 1 January 2016.”
The Norms of Higher Legal Force
Article 1 of the Satversme: “Latvia is an independent democratic republic.”
The first sentence in Article 100 of the Satversme: “Everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express his or her views.”
Article 105 of the Satversme: “Everyone has the right to own property. Property shall not be used contrary to the interests of the public. Property rights may be restricted only in accordance with law. Expropriation of property for public purposes shall be allowed only in exceptional cases in the basis of a specific law and in return for fair compensation.”
The Facts
The case has been initiated having regard to a constitutional complaint submitted by Ltd. “Krievu hītu radio”, expressing the opinion that the contested norm violated its right to property, i.e., the right to engage in business activity. The submitter of the complaint is an electronic mass medium, and it has been issued a number of permits for broadcasting radio programmes. In accordance with the permits referred to above, 50 per cent of the radio programme must be created in the Latvian language. It is alleged that the contested norm, by providing that as of 1 January 2016 the whole radio programme would have to be created in the Latvian language, could have an adverse effect upon the applicant’s business activities. Moreover, it is maintained that the fact that the contested norm would be applied also to those mass media, to which permits for broadcasting radio programmes had already been issued, is contrary to the principle of legal certainty.
Finally, it is alleged that the contested norm restricts the freedom of expression, since both the possibility of the electronic mass media to provide information to its audience, as well as the possibilities of the audience to receive information are being restricted. Hence, it is possible that applicant might lose the target audience of its radio programmes.
Legal Proceedings
The Constitutional Court has requested the institution, which adopted the contested act – the Saeima – to submit a written reply on the facts of the case and legal substantiation by 3 September 2015.
The term for preparing the case is 3 December 2015. The Court shall decide upon the type of procedure and the date for hearing the case after the case has been prepared.
Linked case: 2015-15-01