FoxyTag

Posted: **Sun Jun 24, 2007 12:17 pm**

According to a news article in 20min, it will become prohibited to diffuse radar warnings by private radios in Switzerland:

http://www.20min.ch/ro/rechercher/story/22317206

Posted: **Tue Aug 14, 2007 9:48 am**

How does art 10 European COnvention on Human Rights apply to this?

ARTICLE 10
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 the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

http://www.hri.org/docs/ECHR50.html#C.Art10

Part 2 of this article needs to be very very carefully motivated if they want to use this. Foxytag does nothing then to gather and distribute information. This article is ment in such a way that the term information is very wide. Now, public safety: they need to proof and motivate that Foxytag, or any other kind of warning equipement, like GPS devices, or radardetectors is a direct danger to public safety.

Now, you have the Mori report. There are also other reports that say that people driving with a detector drive safer. So public safety is not in danger, even better; public safety would be served by allowing these devices.
The part that radiostations do is also distribute information. Art 10 is made so governemnts cannot censor this.

Posted: **Tue Aug 14, 2007 2:28 pm**

Martijn wrote:How does art 10 European COnvention on Human Rights apply to this?

It does not apply, because the state finances these private radios. So they can demand what they want.

However, it applies to FoxyTag, and here you are completely right: FoxyTag is protected by this law and is therefore completely legal.

Posted: **Wed Aug 15, 2007 7:42 am**

Right now, I am fighting the radar detector ban in Holland based on this article. Right now we are in supreme court ;-)

But I don't understand? In Holland we have public radiostations, funded by the government, and commercial private radiostations funded by themselves.

On the public radiostations, government also has nothing to say about what is aired.

Posted: **Wed Aug 15, 2007 10:32 am**

normally I would say that every public expression is covered by this article.

which means that the government has no right to impose any rules that violate this article.

however they are doing it anyway and the stations in switzerland will follow the 'rules' because they do not want a fight against the government because it's the government who renews their licenses and they are afraid to lose it.

they are cowards

Posted: **Wed Aug 15, 2007 10:34 am**

Weird, because in Holland almost every commercial radiostation does it, also on the RDS info screen.

Posted: **Wed Aug 15, 2007 10:36 am**

Martijn wrote:Right now, I am fighting the radar detector ban in Holland based on this article. Right now we are in supreme court

Good luck!

Martijn wrote:But I don't understand? In Holland we have public radiostations, funded by the government, and commercial private radiostations funded by themselves.

In Switzerland, some private radios are funded by themselves AND by the governement.

Martijn wrote:On the public radiostations, government also has nothing to say about what is aired.

That's what one could thing in a ideal democratic country that respects in a preventive way the human rights.

FoxyTag

FoxyTag becomes more important

FoxyTag becomes more important