[EL] message from Jurij Toplak re UK ban on political ads

[Rick Hasen]

Subject:
UK ban on political ads upheld by European Court of Human Rights
From:
Jurij Toplak <jurij.toplak at um.si>
Date:
6/16/13 6:58 PM

To:
"law-election at uci.edu" <law-election at uci.edu>


In April 2013 the European Court of Human Rights published an important 
decision on political speech. I have not noticed any posts about it on 
this list. Some of you may find it interesting:

Since 1950s, UK has prohibited paid political advertising on TV or 
radio. The prohibition is not limited to election time, it is permanent. 
Any paid message "influencing public opinion on a matter which is a 
matter of public controversy" is considered political and thus 
prohibited. Almost anything of public interest is considered "political" 
and thus prohibited to be advertised.

There is a government body called Office of Communications ("OFCOM"), 
which is responsible for pre-transmission examination and clearance of 
all advertisements proposed for broadcasting.

The Office banned an ad of an NGO called "Animal Defenders 
International" that tried to raise public awareness by depicting a young 
girl in an animal cage.

By 9 votes to 8, the European Court of Human Rights upheld the UK's law. 
It said that those who wish to spread political messageshave "full 
access ... to... print media, the internet (including social media) as 
well as to demonstrations, posters and flyers" and can "advertise on 
radio and TV on a non-political matter". The decision is called Animal 
Defenders International v. UK (2013) and it is here:
http://hudoc.echr.coe.int/sites/fra/pages/search.aspx?i=001-119244 
<http://hudoc.echr.coe.int/sites/fra/pages/search.aspx?i=001-119244>

It now seems that, when it comes to radio and TV, only speech on 
"non-controversial matters" is protected. Speech on controversial 
matters is limited to media owners, journalists, and those chosen by 
them. Not much of a free speech protection.

Jurij

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