During the late 1970s and 1980s, various Austrians wanted to set up local television or radio stations. For example, the owners of Radio Melody GmbH wanted to set up a local radio station in Salzburg.
However, they discovered that it was unlawful for anyone other than the Austrian Broadcasting Corporation to broadcast TV or radio in Austria,. The Post and Telecommunications Office refused to allow any other person or company to broadcast, and this decision was upheld by the Austrian courts.
A group of individuals, organisations and companies applied to the European Court of Human Rights. They argued that the rules were designed to give the authorities political control of the audiovisual industry, limiting pluralism and artistic freedom.