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A Right to Media? Lorie M. Graham - Columbia Law School

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498 COLUMBIA HUMAN RIGHTS LAW REVIEW [41:429<br />

demonstrated through recent constitutional reform. In Norway, the<br />

constitution states that “[i]t is the responsibility of the authorities of<br />

the State <strong>to</strong> create conditions enabling the Sami people <strong>to</strong> preserve<br />

and develop its language, culture and way of life.” 283 This can provide<br />

legal and political protection for Sami language and culture, which in<br />

turn can support governmental involvement in the development of<br />

Sami media as a means of preserving language and culture. 284<br />

Similar protection can be found in the Finnish constitution, which<br />

speaks <strong>to</strong> the question of cultural and linguistic au<strong>to</strong>nomy. 285<br />

Moreover, Finland, Sweden, and Norway have all adopted Sami<br />

language acts. 286 These acts recognize, <strong>to</strong> varying degrees, Sami<br />

languages as official languages throughout the region. 287<br />

These legislative and constitutional initiatives are important<br />

steps <strong>to</strong> promoting substantive cultural and linguistic rights for the<br />

Sami. However, constitutional and legislative acknowledgment does<br />

not by itself guarantee that meaningful change will necessarily<br />

follow. In fact, the Sami have faced considerable obstacles <strong>to</strong> the<br />

creation of their own media.<br />

Sami media receives government funding in all three<br />

Scandinavian countries and there are efforts underway in countries<br />

such as Norway <strong>to</strong> increase funding for Sami newspapers and<br />

television programs. 288 However, inconsistencies in funding regimes<br />

create challenges <strong>to</strong> the viability of Sami newspapers and other forms<br />

of media throughout the region. Similarly, there is a lack of funding<br />

and technical assistance for Sami media professionals. For instance,<br />

while the Norwegian Broadcasting Corporation has financed Sami<br />

283. Constitution art. 110(a) (Nor.).<br />

284. Id.<br />

285. Constitution of Finland § 17 (“The Sami, as an indigenous people, as<br />

well as the Roma and other groups, have the right <strong>to</strong> maintain and develop their<br />

own language and culture.”). See also Act on the Sami Parliament, No. 974 § 9<br />

(1995) (Fin.) (providing that the national authorities have an obligation <strong>to</strong><br />

negotiate “with the Sami Parliament on all extensive and important questions<br />

that can directly or distinctly influence the Samis’ position as an indigenous<br />

people.”).<br />

286. Act on the Sami Parliament, No. 974 § 3 (1995) (Fin.); The Sami Act,<br />

No.56 § 2-6 (1987) (Nor.); Sami Parliament Act (SFS 1992:1433) (Swed.). See<br />

Regional Characteristics Of Sápmi And The Sami People, supra note 280.<br />

287. Act on the Sami Parliament, No. 974 § 3 (1995) (Fin.); The Sami Act,<br />

No.56 § 2-6 (1987) (Nor.); Sami Parliament Act (SFS 1992:1433) (Swed.). See<br />

Regional Characteristics Of Sápmi And The Sami People, supra note 278.<br />

288. Regional Characteristics Of Sápmi And The Sami People, supra<br />

note 280.

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