National authorities had a certain margin of appreciation to decide whether there was a “pressing social need” to refuse to broadcast a commercial. Such a margin of appreciation was particularly essential in commercial matters, especially in an area as complex and fluctuating as that of advertising. However, the extent of the margin of appreciation was reduced, since what was at stake were not purely commercial interests, but participation in a debate affecting the general interest.
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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