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

[Bill Maurer]

I thought freedom of speech is a "Human Right."  Perhaps the court uses it in an objective sense-as in, "we deal with cases involving human rights and sometimes decide that humans don't actually possess any rights."

Bill

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Monday, June 17, 2013 7:02 AM
To: law-election at UCI.edu; Jurij Toplak
Subject: [EL] message from Jurij Toplak re UK ban on political ads

Subject:
UK ban on political ads upheld by European Court of Human Rights

From:
Jurij Toplak <jurij.toplak at um.si><mailto:jurij.toplak at um.si>

Date:
6/16/13 6:58 PM


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

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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