Britain’s long-standing ban on political commercials was upheld again in March, which may have given pause to Americans bracing themselves for a barrage of radio and television commercials in the 2008 Presidential and Congressional campaigns.
Animal Defenders International (ADI) challenged the political commercial ban as it sought to run television ads calling for laws to prohibit cruelty to animals. However, the House of Lords ruled that the ADI ads were political and rejected them for broadcasting under Sections 319 and 321 of Britain’s 2003 Communications Act.
Though the latest broadcast ban was approved in 2003, the restriction goes back to the 1920s and has been consistently supported over the years.
In lieu of commercials, British broadcasters allot program time, usually five minutes, for political parties to voice their views.
Political ads can run in newspapers, direct mail and other media, but not on radio or television.
ADI Said the Ban Denied Its Right to Political Expression
The London Times said ADI challenged the radio and television ban as "an unjustified restraint on the right to freedom of political expression." The animal rights group said the ban violates Article 10 of Europe’s Human Rights Act of 1998.
The Lords acknowledged that the ban restricted ADI’s freedom of expression and added that such restrictions must be justified by "a pressing social need."
However, they said that in banning political broadcast commercials in 2003, Parliament was justified:
- In finding "the risk of such advertisements as a real danger" because of "the greater immediacy and impact of television and radio advertising."
- In approving the 2003 ban because no compromise or other solution "would suffice to meet the mischief in question."
- In approving the ban to preserve a balanced playing field and to prevent "well-endowed interests" from using "the power of the purse to give enhanced prominence to their views."
Lords Say Ban on Commercials Is Essential to Democratic Process
The House of Lords held that the ban on political commercials is essential to the democratic process. That view is in direct contrast to American policy, which holds that the democratic process demands almost unlimited freedom in broadcasting commercials.
Britain used television years before the United States did. According to an article by Andrew Aguecheek on Everything2.com, Neville Chamberlain made the first prime minister’s television speech in 1938 when he returned from negotiations with Adolph Hitler. He proudly declared "peace in our time."
After Britain went to war with Germany, authorities ordered the television signal to be turned off to keep Hitler’s bombers from using the signal to home in on London targets.
Aguecheek said the television signal was turned back on July 7, 1946, with an announcer commenting:
"As I was saying before I was so rudely interrupted…"
Arguecheek wrote that both of Britain’s post war leaders disliked television. He said Clement Atlee thought TV was "too personal and invading" and Winston Churchill "believed the BBC to be full of communists."
Sources:
The London Times, March 17, 2008
Andrew Aguecheek on Everything2.com
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