EU court upholds UK political adverts ban

By Hannah Kuchler

The UK can continue to ban paid political advertising after it narrowly won a case at the European Court of Human Rights on Monday. 

The Strasbourg court found the blanket ban on paid political adverts – designed to prevent a US-style system where the wealthy can buy more access to promote their views – did not breach the right to free speech. 

The judges ruled 9-8 in a test case verdict to back the UK government’s refusal to allow Animal Defenders International, an animal rights group, from screening a TV advert promoting animal rights. 

The verdict concluded: “Overall, the court found that the reasons given to justify the ban were convincing and that the ban did not therefore go too far in restricting the right to participate in public debate.”

The judges warned that a “less restrictive” ban could give rise to “wealthy bodies with agendas being fronted by social advocacy groups created for that precise purpose or creating a large number of similar interest groups, thereby accumulating advertising time”. 

Maria Miller, UK culture secretary, welcomed the ruling, saying it was not about the particular views of ADI. 

“That ban has wide support and has helped sustain the balance of views which is at the heart of British broadcasting – and ensures the political views broadcast into our homes are not determined by those with the deepest pockets,” she said. 

The case started in 2005 when the Broadcast Advertising Clearance Centre refused to allow ADI to run a TV advert comparing images of a girl and then a chimpanzee in chains in an animal cage. 

The BACC said ADI’s objectives were political and so would breach the 2003 Communications Act. The High Court and the House of Lords agreed and so ADI took the case to the European Court of Human Rights. 

Copyright The Financial Times Limited 2013.