Cases

R (Animal Defenders International) v Culture Secretary (HL)

Facts

The Appellant (A) was a non-profit company whose aims included the suppression by lawful means of cruelty to animals. It campaigned against the use of animals in commerce, science and leisure and sought to achieve changes in the law and public policy to that end. Because of its campaigning objectives it was not eligible for registration as a charity. A intended to broadcast a television advert as part of a campaign against the use of primates by humans. The Broadcast Advertising Clearance Centre declined to clear the advert because its transmission would breach the prohibition on political advertising contained in s.321(2) of the 2003 Act, A being a body with mainly political objects as defined by the Act. The Divisional Court refused A’s request for a declaration that the 2003 Act was incompatible with Art 10. A appealed to the House of Lords (having been granted permission to "leapfrog" the Court of Appeal).

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