Cases

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

Held

Dismissing the appeal;

It was highly desirable that the playing field of debate and competing views, underpinning the democratic process, was level and that it was the duty of broadcasters to achieve that object in an impartial way by presenting balanced programmes in which all views might be ventilated. This was not to be achieved if well-endowed political entities, whether or not political parties, were able to use their financial might to give enhanced prominence to their views. A restriction on the right to free expression may properly be designed to protect others’ rights against the potential mischief of biased political advertising. There was no consensus or settled practice among Member States as to the manner in which to legislate for the broadcasting of religious advertisements. In the circumstances, the ban on political advertising contained in ss 319, 320 and 321 was necessary in a democratic society and was compatible with Art 10(2).

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