In the Courts - Human rights

April 2008

UK’s ban on political and campaigning advertising upheld

When Animal Defenders International (ADI) launched a TV advertising campaign in 2004 entitled ‘My Mate’s a Primate’ with the object of directing public attention towards the use of primates by humans, the campaign was banned on TV in the UK by the Broadcast Advertising Clearance Centre (BACC) on the grounds that ADI were ‘a body with mainly political objects’ despite there being no objections to the content of the advertising. ADI challenged this in court on grounds that the ban was incompatible with s 4 of the Human Rights Act 1988. If they had been successful, a lifting of the band could have seen a surge in social advocacy or political advertising on TV and radio by various single interest and non-profit groups and the UK government would have had to amend the Communications Act 2003.

The Queen’s Bench Divisional Court rejected the claim and although ADI were granted leave to appeal directly to the House of Lords, their lordships have dismissed the appeal. Baroness Hale commented ‘I agree that the ban as it operates in this case is not incompatible with the appellant’s Convention rights. It is a balanced and proportionate response to the problem: they can see to put their case across in any other way…’

R (on the application of Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15

House of Lords, 13 March 2008

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In the Courts - Human rights