Political advertising and the Communications Act: tailored suit or old blanket?

Lewis, T. ORCID: 0000-0002-3948-9961, 2005. Political advertising and the Communications Act: tailored suit or old blanket? European Human Rights Law Review, 3. ISSN 1361-1526

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Abstract

In the jurisprudence of the European Convention on Human Rights, political expression receives a high degree of protection. Commercial expression, by contrast, receives far lower levels of protection. In respect of political advertising in the broadcast media the current UK regime inverts this position. Broadcast advertising for any political purpose is prohibited whereas advertising for commercial purposes is permitted. In this article it is argued that the blanket ban on political advertising in the broadcast media comprises a disproportionate interference with the right to freedom of expression. Furthermore, since the Government has made a statement under s.19(1)(b) of the Human Rights Act 1998 in respect of the prohibition, it will be extremely difficult for the court to use its interpretative powers under s.3 HRA or invoke doctrines of judicial deference to save the ban from incompatibility with Art.10 ECHR.

Item Type: Journal article
Publication Title: European Human Rights Law Review
Creators: Lewis, T.
Publisher: Sweet & Maxwell/Thomson Reuters
Date: 2005
Volume: 3
ISSN: 1361-1526
Divisions: Schools > Nottingham Law School
Depositing User: EPrints Services
Date Added: 09 Oct 2015 10:43
Last Modified: 09 Jun 2017 13:37
URI: http://irep.ntu.ac.uk/id/eprint/17188

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