Abstract
The recent case-law of the European Court of Human Rights made clear that ‘information of a commercial nature’ falls under the protection of article 10 of the European Convention on Human Rights (ECHR) and that the legitimacy of legislation on television broadcasting has to be evaluated from the scope of the second paragraph of article 10. Until now, however, the repercussions of these qualifications are not very clear as to the practical effect on the protection of television advertising under article 10 ECHR. This paper analyses the scope and effect of the guarantee of the right of freedom of expression and information provided by article 10 ECHR with regard to the legitimacy of limitations imposed on television advertising by public authorities. It is argued that the freedom of commercial speech is not given very much additional protection within the framework of article 10 ECHR.
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