CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 21 juillet 2011

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CYPRUS   (Applications nos. 32181/04 and 35122/05)               JUDGMENT     STRASBOURG   21 July 2011     FINAL   21/10/2011     This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Sigma Radio Television Ltd v. Cyprus , The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:   Dean Spielmann, President,   Elisabet Fura,   Karel Jungwiert,   Mark Villiger,   Ann Power,   Ganna Yudkivska, judges,   Stelios Nathanael, ad hoc judge,   and Claudia Westerdiek, Section Registrar, Having deliberated in private on 21 June 2011, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in two applications (nos. 32181/04 and 35122/05) against the Republic of Cyprus lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Sigma Radio Television Ltd, a company registered in Cyprus (“the applicant”), on 13 August 2004 and 13   September 2005 respectively. 2.     The applicant was represented by Mr A. S. Angelides, a lawyer practising in Nicosia. The Cypriot Government (“the Government”) were represented by their Agent, Mr P. Clerides, Attorney-General of the Republic of Cyprus. 3.     The applicant alleged a violation of Articles 6 § 1, 10, 13 and 14 of the Convention, Article 1 of Protocol No. 1 and Article No. 1 of Protocol   No. 12 with regard to (i)     the proceedings before and various decisions of the Cyprus Radio and Television Authority (“CRTA”) concerning a number of broadcasts transmitted by its television and radio stations; (ii)     the relevant domestic court proceedings; and (iii)     the allegedly different treatment it received vis-à-vis the public service broadcaster CyBC. 4.     On 18 and 19 October 2006 respectively the Court decided to communicate to the Government the complaints concerning Article 10 of the Convention, Article 1 of Protocol No. 1 and Article 14 taken together with the former two provisions, as well as the complaint raised in application no. 32181/04 under Article 6 § 1 of the Convention as to the objective impartiality of one of the Supreme Court judges. 5.     On 13 October 2008 the Court decided to communicate to the Government the complaint under Article 6 § 1 of the Convention as to the fairness of the proceedings before the CRTA and the alleged insufficiency of the scope of jurisdiction of the domestic courts, and to invite the parties to submit further written observations in respect of the complaints under Article 14 of the Convention taken together with Article 10 of the Convention and Article 1 of Protocol No. 1. It was also decided to examine the merits of the applications at the same time as their admissibility. 6.     Mr George Nicolaou, the judge elected in respect of Cyprus, was exempted from sitting in the case (Rule 28 of the Rules of Court). The Government accordingly appointed Mr Stelios Nathanael to sit as an ad hoc judge (Article 27 § 2 of the Convention and Rule 29 § 1 as in force at the time). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE A.     Background to the case: proceedings before the Cyprus Radio and Television Authority 7.     The applicant company operates a television station, “Sigma TV”, and a radio station, “Radio Proto”, in Cyprus. 8.     As follows from the materials submitted by the parties, between 2000 and 2002, the CRTA, exercising the functions attributed to it by the Radio and Television Stations Law (Law 7(I)/1998, as amended; hereinafter “the Law”) and the Radio and Television Stations Regulations of 2000 (Regulatory Act   10/2000; hereinafter “the Regulations”), examined a number of different broadcasts (advertisements, various programmes, films, trailers and news reports) transmitted by the applicant’s television and radio stations. In some of the cases the CRTA was acting on complaints and in others ex proprio motu , pursuant to section 3(1) of the Law. The applicant was informed of the possibility of contraventions on its part and was invited by the CRTA to make written and/or oral submissions if it so wished. Hearings were held in all cases [1] . The applicant did not make written and/or oral submissions in all the cases, however. 9.     During the abovementioned period the CRTA issued twenty-seven separate decisions finding the applicant in violation of one or more provisions of the Law and/or the Regulations [2] . The CRTA imposed fines in all the cases. In certain cases separate decisions were taken as to the merits and the fine. In these cases, following notification of the decisions, the applicant was given the opportunity to make submissions as to the imposition of a fine. 10.     The applicant paid all the fines between 2001 and 2008. 11.     Furthermore, in January 1999, the CRTA called upon the applicant to pay the licence fee due for operating its television station [3] . 12.     Administrative and/or civil proceedings resulted from the above decisions. 13.     A list with details of the relevant broadcasts and the CRTA proceedings is annexed to the present judgment. 1.     Summary of the CRTA’s decisions concerning various broadcasts on “Sigma TV” and “Radio-Proto” (a)     Advertisements for children’s toys by “Sigma TV” [CRTA cases nos.   129/2000(3); 148/2000(3); 135/2001(3) and 3/2002(3)] 14.     The CRTA found in a number of cases that the applicant had breached the provisions of the Law. In some cases the applicant admitted the violations in the submissions it made before the CRTA. 15.     In all the cases the CRTA held that “Sigma TV” had broadcast advertisements for children’s toys at times prohibited by section 34 of the Law. The CRTA also found that some of the advertisements exploited children’s inexperience and credulity by directly inciting them to purchase the products advertised, in violation of section 33(7)(a)(i) of the Law, and that some of the advertisements contained exaggerated or unfounded claims, in violation of paragraph B.1 of appendix IX of the Regulations. Moreover, the CRTA held that in some of the advertisements the products aimed at children had been promoted by offering gifts, in violation of paragraph   D.10(o) of appendix IX of the Regulations. 16.     In two of its decisions (cases nos. 135/2001(1) and 3/2002(3)) the CRTA stressed that it had repeatedly indicated in the past, through its decisions, circulars and directives to stations, the significance of protecting minors from the messages they received through advertising, and had underlined the seriousness of such violations. Further, the CRTA noted that advertisements for children’s toys were not completely prohibited by the legislation but were subject to limitations (concerning broadcasting times, approach, methods of promotion, techniques employed, visual and audio material used) as children were vulnerable and credulous consumers because of their lack of experience and judgment. (b)     Interruption of programmes for the broadcasting of advertisements [CRTA cases nos. 173/2001(3) and 19/2001(3)], promotion of sponsors during news bulletins [CRTA case no. 19/2001 (3)] and surreptitious advertising [CRTA case nos. 18/2000(3) and 113/2000(3)] 17.     In case no. 173/2001(3) the CRTA found that on 22 occasions the times at which “Sigma TV” had interrupted programmes to broadcast advertisements had not been in accordance with section 33(2)(g) of the Law. Furthermore, the CRTA found that on 325 occasions the duration of the advertising breaks within programmes had been longer than three and a half minutes, in violation of paragraph F.3 of appendix IX of the Regulations. In its decision the CRTA held that the need to regulate the frequency and duration of television breaks derived both from the right of a viewer to watch a programme unhampered, without long and frequent interruptions, and from the need to show respect for the programme, which should be broadcast in its entirety as a human creation. The applicant admitted the violations in the submissions it made before the CRTA. 18.     In case no. 19/2001(3) the CRTA found that “Sigma TV” had interrupted a news bulletin twice in order to broadcast advertisements, in violation of section 33(2)(i) of the Law. The CRTA also found that during certain news items concerning the stock exchange and the exchange rate, transmitted as part of the news programmes, the names and logos of the sponsors of the bulletins had been shown on the screen for promotion purposes, in violation of paragraph E.3 of appendix IX of the Regulations. Lastly, the CRTA held that there had been surreptitious advertising in violation of section 33(2)(d) during a sports bulletin transmitted as part of the main news programme. The applicant admitted a violation of the Law on that account. 19.     In cases nos. 18/2000(3) and 113/2000(3) [4] the CRTA found that the transmission of clear images of various products of real brands in a comedy series had been done in a provocative manner and had clearly been for advertising purposes, contrary to section 33(2)(d) of the Law. Further, the CRTA considered that the images used had not been a necessary part of the set of the series, as the applicant maintained. When imposing the fines the CRTA took into account the fact that in spite of previous decisions finding similar violations and imposing fines, the applicant had shown no willingness to comply. In spite of previous findings of violations, for example, the applicant had broadcast repeats of some episodes of the series. (c)     News reports included in news bulletins [CRTA case nos.   75/2000(3), 98/2000(3), 152/2000(3), 9/2001(3), 43/2001(3), 44/2001(3) and 108/001(3)] 20.     In seven cases the CRTA found that the applicant had infringed a number of provisions of the Law and/or the Regulations with regard to items broadcast during news bulletins. (i)     Case no. 75/2000(3) 21.     “Sigma TV” broadcast a report in a news bulletin concerning the arrest of a teacher for photographing naked minors. The CRTA found a violation of Regulations 21(3), 24(1)(a) and paragraph 10 of Part II of appendix VIII of the Regulations in that insufficient measures had been taken to conceal the suspect’s identity, the information given concerning the reasons for the suspect’s arrest had not been accurate and certain statements which had been made during the report ran contrary to the principle of presumption of innocence. (i)     Case no. 98/2000(3) 22.     “Sigma TV” broadcast a news bulletin that included a report on the drug problem of a Cypriot family. The CRTA noted that the report included scenes which were taken possibly from a film or documentary and illustrated in detail the procedure of preparing and consuming drugs. The CRTA considered that the images shown had not been suitable for transmission during the “family zone” (see definition in paragraph 88 below) and had possibly been dangerous for minors. It found a violation of Regulations 21(6), 24(1)(a) and 24(2)(d) as the applicant had not ensured that the material shown was suitable for minors, had not prepared and aired the particular news report with accuracy and had not issued a visual and/or verbal warning for viewers. The CRTA drew attention to the fact that minors tended to imitate acts out of curiosity and an inclination to experiment. It stressed that it was its duty to take due steps to protect minors from programmes that could cause them any mental or physical harm. In its submissions before the CRTA the applicant claimed that the purpose of the images had been to accompany the news story with visual material. (iii)     Case no. 152/2000(3) 23.     In one of its news bulletins “Sigma TV” aired a news report concerning two murders. The CRTA noted that the report contained close-ups of the dead body of the victim covered in blood and of the grieving relatives. Furthermore, no visual or verbal warning had been given to viewers. It found a violation of Regulations 24(2)(a)–(d) and of paragraph 6 of part II of appendix VIII of the Regulations. (iv)     Case no. 9/2001(3) 24.     “Sigma TV” broadcast a report in a news bulletin about the transfer to court of three young men suspected of drug use. The CRTA considered that the news story had lacked objectivity, impartiality, accuracy and pluralism, in violation of Regulation 24(1)(a). It noted in this regard that although the allegations made over the phone by the mother of one of the accused as to the effectiveness of the relevant institutions and the attitude of the competent medical authorities towards drug addicts had been transmitted, the institutions and medical authorities concerned had not been given the opportunity to express their views. In this connection, the applicant had argued , inter alia, that the issues in question concerned society and that the report should have been evaluated on the basis of the data and information the station had had at its disposal. The applicant further admitted that it did not have a delay unit allowing live telephone conversations to be interrupted when something unsuitable was said. 25.     In addition, the CRTA found that the news report had gone beyond the scope of information as comments, conclusions and information concerning private matters of the suspects had been broadcast, without the appropriate sensitivity towards human pain or respect for the suspects’ personality, honour, reputation and private lives, in violation of Regulation   21(3) and paragraph 8(2), of part I of appendix VIII of the Regulations. The CRTA did not accept the station’s allegations that the suspects had turned towards the cameras seeking help, as certain shots showed the suspects covering up their faces and making every effort to avoid the cameras. Even if the suspects had chosen to publicise their problem, the CRTA considered that the applicant should have taken into account that they had not been fully aware of their actions and had been in despair, vulnerable and under the influence of strong substances. In addition, the CRTA noted that the disclosure of the identity of the persons involved, their media exposure as well as the extensive coverage of their private lives, could stigmatise them in a society such as that of Cyprus. In the CRTA’s view the promulgation of the drug problem could have been accomplished without revealing the suspects’ identity and without disclosing information about their private lives. (v)     Case no. 43/2001(3) 26.     The CRTA found that during a news bulletin broadcast on “Sigma TV” the name of the victim of a car accident had been mentioned before it had been ascertained whether the victim’s parents had been informed, in violation of Regulation 24(3). The applicant submitted before the CRTA that it was standard practice to obtain confirmation by the police and this case had not been an exception. (vi)     Case no. 44/2001(3) 27.     The CRTA held that an interview aired during a news bulletin on “Sigma TV”, with a female witness for the prosecution in pending criminal proceedings, advocating the innocence of a man under criminal charges, had lacked accuracy, objectivity, impartiality and pluralism. It was noted that although the interviewee had testified against the suspect in court, in the interview she had given information that pointed to the suspect’s innocence. The CRTA held that the manner in which the interview had been presented essentially exonerated the defendant in the proceedings. The CRTA found that the broadcasting of such information violated paragraph 10 of part II of appendix VIII of the Regulations. Further, the CRTA pointed out that during the interview the interviewee had claimed that the investigating authorities had used her to put pressure on the arrested man to give them information. However, the views of authorities involved had not been stated, in violation of Regulation 24(1)(a), and no mention had been made in the interview of any attempts by the applicant to secure them. (vii)     Case no. 108/2001(3) 28.     In another news bulletin “Sigma TV” broadcast a news report concerning a car accident, as well as a trailer for the report. The CRTA considered that the report contained an inappropriate and unnecessary description of the circumstances of the accident. In particular the CRTA held that the applicant had not shown due respect for the personality, honour, reputation and privacy of the female driver of the car involved in the accident as it had overstepped the bounds of information and transmitted unnecessary details, comments and conclusions about the accident, in violation of Regulation 21(3). In addition, the CRTA found that remarks had been made in the news report that were an insult to the personality, the reputation and the privacy of the driver, in violation of section 26(1)(e) of the Law, and that a clear distinction had not been drawn between fact, comment and speculation, in violation of paragraph 1(2) of part II of appendix VIII of the Regulations. In respect of the above, the CRTA, noted inter alia, that it had been stated in the news report that a young lady had been found injured and half-naked in the driver’s seat wearing only underwear on the lower part of her body, that eye-witnesses had claimed that they had seen two young men, fleeing from the accident scene and heading towards the fields and that two doors of the young woman’s car, and more specifically the front passenger door and the rear door, were open. The CRTA further pointed out that the information given in the report, which included video footage of the cars involved in the accident and reference to the place and time the accident occurred, had been sufficient to enable recognition, in particular, of the identity of the female driver. In its submissions before the CRTA, the applicant claimed that there was only a slender possibility of recognising the persons involved. In reaching its decision, the CRTA also took into account the unpleasant consequences the report had had on the driver’s personal, family and social life, and that the persons involved in the case had not been public figures or public officials and the publication of information concerning their private lives had not served the public interest. (d)     Films, series, programmes and trailers [CRTA cases nos.   88/2000(3), 117/2000(3), 141/2000(3), 1/2001(12), 13/2001(3), 125/2001(3), 133/2001(3), 143/2001(3) and 5/2002(3)] (i)     Violent scenes [CRTA cases nos. 88/2000(3), 141/2000(3), 13/2001(3), 125/2001(3), 133/2001(3), 143/2001(3) and 5/2002(3)] 29.     The CRTA found in a number of cases that the applicant had breached the provisions of the Law and/or the Regulations by broadcasting on “Sigma TV”, within or partly within family viewing hours, certain films and series and trailers thereof which included scenes of violence unsuitable for children. The CRTA held that the scenes in question were likely to impair the physical, mental or moral development of minors, in violation of Regulation 32(3)(a). In one of the cases the CRTA found that the film in question contained scenes of humiliation and cruel treatment, in violation of regulation 32(2) (a rape scene). Furthermore, the CRTA found in these cases either that the viewers had not been informed of the true content of the programmes as the acoustic and visual warnings given did not correspond to their content, in violation of Regulation 21(5) and (b), with a rating of “15” and “18” had been shown during the family zone, in violation of Regulation   22(2) (see paragraph 90 below). The CRTA held that the applicant had not ensured that programmes transmitted during the family zone had been suitable for all ages, in violation of Regulation 21(6). 30.     The applicant admitted the violations in two of the cases. 31.     In its decisions concerning cases nos. 125/2001(3), 133/2001(3), 143/2001(3) and 5/2002(3) the CRTA noted, inter alia , that the content of all broadcasts during the family zone had to be suitable for the whole family. It stressed that the protection of minors was the primary concern of everyone, including the European Community and the Council of Europe, and that the Cypriot legislator had set limitations as to the content of programmes which could be transmitted for family viewing in order to protect children from programmes that were unsuitable for them because they contained violent or erotic scenes, or verbal material or subject matter unsuitable for minors. The CRTA pointed out that it attached great weight to the above matters and to compliance with the relevant legal provisions. (ii)     Offensive remarks and inappropriate language [CRTA case nos. 117/2000(3) and 1/2001(12] 32.     In case no. 117/2000(3), following a complaint, the CRTA found, in respect of an episode of an entertainment series, “Prison Bars” (“Tis Filakis ta Sidera”) produced and broadcast by “Sigma TV”, (i)     that it included offensive remarks for various social groups which did not comply with the generally accepted rules of decency and good taste in language and behaviour, in violation of Regulation 21(4); (ii)     that the applicant had not ensured that the honour, the reputation and the professional and social lives of people as individuals or as members of a specific group (in particular, the residents of the towns of Paphos and Limassol, Arabs, Russian women and women in general) were respected, in violation of Regulation 21(3); and (iii)     that the programme contained offensive material for the dignity of both genders, in violation of Regulation 26(l). The CRTA noted that in the episode in question it had been stated in the context of a dialogue between characters of the series, inter alia , that “according to recent excavations in Paphos, it was probable that the town had a lot of brothels, not for the locals, of course, but for foreigners”, “during the 50’s, 60’s and part of the 70’s most of the whores were from the town of Paphos”, “in the old times, in Limassol it was all Arabs, phoenicians, houllou, ya habibi, all of them. Most of them were darker than chocolate and some of them were very snobbish”, “the town of Paphos was a whores’ town, with thousands of whores. All of them Greek (“καλαμαρούδες”), which we imported then, like we import Russian women nowadays”. The CRTA noted that following the broadcast of the episode a Paphos newspaper had criticised the series as being crudely offensive to people from Paphos and completely unacceptable. The repeated violations by the applicant in other episodes of the same series were taken into account when imposing the fine. 33.     In case no. 1/2001(12) the CRTA found that “Radio Proto” had broadcast a programme containing inappropriate language unsuitable for minors. More specifically, it noted that the presenters had used sexually explicit Greek slang. The CRTA found that the programme contained remarks that did not comply with the generally accepted rules of decency and good taste in language and behaviour, in violation of Regulation 21(4) and that the applicant had failed, in violation of Regulation 21(6), to ensure that the programme, transmitted during family listening hours, was suitable for children. (e)     “Social documentaries” [CRTA cases nos. 10/2001(3), 11/2001(3) and 60/2001(3)] (i)     Documentary about drug use 34.     In cases nos. 10/2001(3) and 11(2001)(3) the CRTA found that during the family zone “Sigma TV” had broadcast and shown a repeat of a “social documentary” concerning the drug problem in Cyprus, as well as a trailer for the programme, containing visual and audio material unsuitable for children under the age of fifteen, in violation of Regulation 21(6), and which could seriously impair the physical mental or moral development of minors, in violation of Regulation 32(3)(a). In particular, the programme included scenes showing, inter alia , the consumption and trading of illegal drugs and statements made by drug addicts concerning the consumption of drugs. Moreover, the CRTA held that the trailer for the documentary contained visual and audio material that might offend the sensitivity of viewers, in violation of Regulation 24(2)(d). It further found that the visual and acoustic warning that had been given did not correspond to the actual content of the trailer and documentary, in violation of Regulations 21 (5) and 22, and that information transmitted about one of the drug addicts had not shown the appropriate sensitivity towards human suffering, in violation of paragraph 8(2) of part I of appendix VIII of the Regulations. 35.     The CRTA also noted that the personal information concerning the drug addicts in the documentary had been broadcast without due respect for their personality, honour, reputation and private lives, in violation of Regulation 21(3). For example, the identity of a caller, a light drug user, had been displayed on screen, despite his wish to remain anonymous. The CRTA considered that the drug addicts who had participated in the programme did not appear to have been fully aware of their actions, and that their free consent and decision should therefore not have been taken into full account because they had been in a state of despair, vulnerable and under the influence of strong substances that had affected their judgment. In any event, the disclosure of their identity, the media exposure and the extensive coverage of their private lives was likely to have numerous negative consequences for them. The CRTA stated that it was also concerned about the personalisation of the drug problem through the disclosure of the identity of certain drug addicts, as this might lead to their becoming role models or even “heroes” for vulnerable people who would like to identify with them. According to the CRTA the documentary had also lacked objectivity and pluralism, as criticisms and negative comments had been made against the medical authorities, the police drug squad, the Minister of Health and the Director of a Psychiatric Clinic, without them having been given the opportunity to present their position on the matter, in violation of section 26(2) of the Law. 36.     The applicant argued before the CRTA that the social content of the documentary was of interest to families. It admitted that a mistake had been made with regard to the disclosure of the identity of one of the callers in question and informed the CRTA that measures had been taken to restore the name and honour of a nurse in respect of whom allegations had been made in the programme. (ii)     Other documentary 37.     In case no. 60/2001(3) the CRTA found that a “social documentary” broadcast by “Sigma TV” had not been characterised by objectivity and pluralism, as opinions and allegations had been voiced against doctors and officials working in an institution that had a bone marrow bank, without a complete picture or opposing views being presented, in violation of section   26(2) of the Law. The CRTA considered that the discussion, the direction it had taken and the manner in which it had developed indicated that it had been orchestrated to favour the views of the presenter and, more broadly, the station’s views on the issues raised, to the disadvantage of participants with opposing views. 2.     Unpaid licence fee: CRTA case no. 8.1.09 38.     By a letter dated 15 January 1999, the CRTA requested the applicant to pay the licence fee due for operating “Sigma TV” between 13   November 1998 and 31 January 1999, as required by section 24 of the Law. The fee amounted to 6,416.65 Cyprus pounds (CYP) for the period in question. The applicant paid the licence fee on 5 August 1999. B.     Legal proceedings 1.     Judicial Review proceedings (Application no. 32181/04) 39.     The applicant brought separate recourses (appeals for judicial review) before the Supreme Court, seeking the annulment of twenty-five of the above decisions (recourses nos. 809/00, 299/01, 300/01, 301/01, 302/01, 303/01, 304/01, 348/01, 448/01, 912/01, 913/01, 914/01, 922/01, 966/01, 1097/01, 279/02, 328/02, 330/02, 331/02, 445/02, 663/02, 803/02, 815/02, 817/02 and 819/02) [5] . It further lodged a recourse challenging the licence fee requested by the CRTA for the period 13   November 1998 to 31 January 1999 (recourse no. 320/99) [6] . 40.     Although the recourses concerned different decisions of the CRTA, the applicant relied on the same main points, including the same constitutional issues. These may be summarised as follows: (a)     The applicant alleged a breach of the rules of natural justice on the ground that in the proceedings the CRTA had acted in many capacities, namely, as prosecutor, investigator-witness and, at the same time, judge. The CRTA had then imposed fines, which were paid into its own Fund. (b)     The applicant claimed that the applicable Law, and by extension the Regulations, were contrary to the Constitution. In this respect it alleged a breach of Articles 12, 19, 25, 26, 28 and 35 of the Constitution. The main body of its arguments, however, was based on Articles 12 and 19 of the Constitution and, in particular, on the imposition of pecuniary sanctions/fines by an administrative body and the exercise of regulatory authority under Article 19 by a public authority other than the State itself. The applicant also argued that the applicable Law interfered with its right to enter into contracts freely with producers and directors (Article 26). Further, in recourse no. 320/99 the applicant alleged a violation of Article 23 of the Constitution and complained of discriminatory treatment vis-à-vis the Cyprus Broadcasting Corporation (“CyBC”), which was not burdened with the same charges. (c)     The applicant raised a number of points concerning the interpretation of the relevant legal provisions relating to the imposition of sanctions for the infringement of the Regulations. (d)     Lastly, the applicant challenged the decisions of the CRTA on a number of other grounds, claiming, for example, that the procedure had not been followed in accordance with the law because there   had been no proper inquiry, and insufficient reasoning had been given. 41.     In view of the fact that issues as to constitutionality, natural justice and the interpretation of the provisions of the applicable Law were raised in all the recourses and because of their significance, the Supreme Court decided that they should be heard in priority, together and by the Full Bench (that is, all thirteen judges of the Supreme Court). 42.     The hearing took place on 5 November 2003. Judgment was then reserved. 43.     On 10 February 2004 the applicant applied for the reopening of the hearing of the recourses for the purpose, firstly, of submitting further arguments concerning its claim for the annulment of the decisions in question in the light of the Court’s judgment in the case of Kyprianou v.   Cyprus (no. 73797/01, 27 January 2004) [7] and, secondly, in order to request the exclusion of one of the judges from the bench on the ground that he had given a first-instance judgment, following reservation of the judgment by the Full Bench, in another recourse brought by the applicant raising similar issues [8] . 44.     On 24 February 2004 the Supreme Court dismissed the application. The court first noted that in accordance with its settled case-law it could order the reopening of a recourse or an appeal only in exceptional cases and, in particular, only where it decided that it was necessary in the interest of justice in the light of facts which came to light after judgment had been reserved. In the present case no new fact had been put forward which could justify the re-opening of the recourses. A new fact might be an event which touched on the elements which composed the dispute. The putting forward of further arguments with reference to jurisprudence subsequent to the reservation of the judgment was not such an event. With regard to the request for the exclusion of one of the judges, the Supreme Court held that in accordance with its settled case-law the solution of a legal question at first instance or on appeal did not exclude the participation of a judge in the composition of the court who had heard the same, or a similar or closely related legal question in the context of other proceedings. The Supreme Court therefore concluded, unanimously, that no reason had been shown which could justify contemplating reopening the hearing in cases before it in which its judgment had already been reserved. 45.     On the same date, the Supreme Court gave judgment dismissing, by a majority (11 to 2), twenty-four of the twenty-six recourses. The CRTA’s decisions challenged in recourses nos. 809/00 and 304/01 were annulled. 46.     First of all, with regard to the joining of the recourses, the Supreme Court noted: “Matters which were put forward in a number of recourses against decisions of the Radio and Television Authority of Cyprus, in compliance with the Radio and Television Stations Law of 1998 (Law 7(1)/98, as amended), were examined at first instance by different judges, the result in each case being a dismissal. Appeals were filed which because of similarity we finally fixed to be heard together. In their course before the Court it was ascertained that many recourses on similar matters of constitutionality, natural justice and interpretation of provisions of the Law were pending and were ready for hearing. Whereupon, because of their significance, it was decided that the proper course was that they should be heard, in priority, by the Full Bench of the Court since in the Revisionary Appeals the participation of all judges would be impossible. Therefore the list was prepared of the 26 recourses heard together to which this judgment relates.” 47.     The Supreme Court then noted that, with the exception of recourse 320/99, which concerned the payment of a licence fee under section 24 of the Law, the disputed CRTA decision in each recourse had found the applicants [9] guilty of infringement of one or more provisions of the Law and/or the Regulations. After referring to the relevant legal provisions and Regulations, the Supreme Court proceeded to divide the issues that arose in the recourses into (a)     general matters which broke down into three groups, and (b)     specific matters. The relevant excerpt of the Supreme Court’s judgment reads as follows: “The more general matters are classified in three groups. The first includes matters of interpretation of provisions which relate to the imposition of sanctions for the infringement of regulations. It is the case of the applicants that section 3(2)(f) of the Law, whereby power is conferred on the Authority to impose sanctions/penalties as the applicants describe them, restricts that power solely to cases where there is an infringement of the Law itself and the terms of the operating licence and not of the Regulations “... which cannot by themselves (outside the authority of the Law) define infringements and sanctions”. In this connection reference is made to section 51(2)(n) of the Law – which confers authority to issue Regulations – as well as to relevant provisions of the Regulations. The second group concerns matters of natural justice. It is argued that in the proceedings which resulted in the imposition of a fine the necessary distinction of roles did not exist, with the result that the Authority was all at once prosecutor, inve