Political Advertising on TV in the UK Legal Regime and the European Convention on Human Rights

Ronan  Ó Fathaigh, University of Amsterdam, Institute for Information Law, is publishing Political Advertising Bans and Freedom of Expression in volume 27 of the Greek Public Law Journal in volume 27 (2014). Here is the abstract. 

In Animal Defenders International v UK, the 17-judge Grand Chamber of the European Court of Human Rights ruled that the UK’s ban on political advertising on television, as applied to an animal rights organisation, did not violate freedom of expression. The Court divided nine votes to eight, with the majority opinion abandoning the Court’s previous ‘strict scrutiny’ review, and laying down a new doctrine for reviewing political advertising bans.  This article, first, examines the role the composition of the Grand Chamber played in the outcome of the case. Second, questions the basis of the new doctrine of review. And third, criticises the majority’s treatment of precedent.

Download the article from SSRN at the link.

Here is a link to the case discussed in the article.