Political Advertising Bans and Freedom of Expression

Greek Public Law Journal, Vol. 27, 226-228

3 Pages Posted: 7 Oct 2014 Last revised: 24 Jul 2019

See all articles by Ronan Ó Fathaigh

Ronan Ó Fathaigh

University of Amsterdam - Institute for Information Law (IViR)

Date Written: October 6, 2014

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.

Keywords: European Convention on Human Rights, freedom of expression, political advertising, broadcasting, political speech, parliamentary deference

Suggested Citation

Ó Fathaigh, Ronan, Political Advertising Bans and Freedom of Expression (October 6, 2014). Greek Public Law Journal, Vol. 27, 226-228, Available at SSRN: https://ssrn.com/abstract=2505018

Ronan Ó Fathaigh (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Nieuwe Achtergracht 166
Amsterdam, 1000 BA
Netherlands

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