header-logo header-logo

A necessary evil?

24 April 2008 / Neil Parpworth
Issue: 7318 / Categories: Features , Local government , Media , Public
printer mail-detail

Does banning political adverts on television breach freedom of expression laws? Neil Parpworth reports

Section 321(2) of the Communications Act 2003 (CA 2003) prohibits political advertising on the television. In the recent case of R (on the application of Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15, [2008] All ER (D) 155 (Mar) the House of Lords was required to determine a leapfrog appeal from a decision of the Divisional Court in which that court had refused to declare the provision incompatible with Art 10 of the European Convention on Human Rights (the Convention): (see [2006] EWHC 3069 (Admin), [2006] All ER (D) 30 (Dec)).

It should be noted, in passing, that the appellants did not pursue an alternative claim before the Divisional Court to the effect that the provisions containing the prohibition should be “read down” under s 3 of the Human Rights Act 1998 (HRA 1998) since it was common ground that the wording of CA 2003, s 321 was clear.

 

The Facts

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll