A basis in the national law
A criterion related to a legal basis in the national law shall not be complied with in cases where there is only a law enacted by the legislature. Also, the regulations, which have no force of law (within the institutional context) and which are enacted by the competent authorities, may be considered as a “law” within the meaning of the provision of Article 10, paragraph 2 of the ECHR.1671
Therefore, the relevant provisions adopted under the regular procedure by the Independent Media Commission, i.e., the Communications Regulatory Agency, may constitute a legal basis for the restriction of the right of freedom of expression.1672
Footnotes
CH/01/7248-A&M, paragraph 175, in conjunction with the ECtHR, Barthold v. Germany, 25 March 1985, Series A No. 90, paragraph 46.
CH/01/7248-A&M, paragraph 176 et seq.