82 | Zimbabwe Rule of Law Journal freedom linguistic expression if one is forbidden to use the language of one’s choice. This argument finds support in Ballantyne, Davidson & McIntyre v. Canada where the UNHRC established that freedom of expression entails use of one’s language as envisaged in article 27 of the International Covenant on Civil and Political Rights (ICCPR).90 Interestingly, international law is silent on whether or not freedom of expression guarantees access to media91 by language speakers in view of the fact that media is one of the important means of linguistic and cultural maintenance and propagation.92 However, international law obliges states to ensure that language groups have access to media by allocating them frequencies.93 Zimbabwe could use the ‘sliding-scale approach’ to determine which frequencies to give to linguistic minorities. If the state grants one or several language groups a frequency and or an amount of airtime on radio or television, the same state should also allocate an equivalent grant to the other remaining language groups unless there is reasonable and objective justification for differential treatment.94 International law does not place an obligation on the states to support private media institutions.95 It has been argued that article 27 of the ICCPR can (on the basis of equality, non-discrimination and the right to identity) be interpreted as guaranteeing the right for members of linguistic minorities to establish their own media.96 The state should not interfere with this right except to merely regulate the registration and licencing of media. 90 Communications 359/89 & 385/89, John Ballantyne and Elizabeth Davidson, and Gordon Mcintyre v Canada, UNHR Committee (31 March 1993) UN Doc. U.N. Doc. CCPR/C/47/D/359/1989 and 385/1989/Rev.1 (1993) paras 11.3 and 11.4. 91 Media in this context includes written press, radio and television. 92 See D Gomien, “Pluralism and minority access to media” in A Rosas et al (eds) The strength of diversity: Human rights and pluralist democracy, Dordrecht: Nijhoff (1992) 49. 93 F de Varennes op cit note 66 at 223. 94 K Henrard op cit note 10 268-269. 95 See F de Varennes op cit note 66 at 217-225. 96 See K Henrard op cit note 10 at 268.