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24 April 2008 / Neil Parpworth
Issue: 7318 / Categories: Features , Local government , Media , Public
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A necessary evil?

Does banning political adverts on television breach freedom of expression laws? Neil Parpworth reports

Section 321(2) of the Communications Act 2003 (CA 2003) prohibits political advertising on the television. In the recent case of R (on the application of Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15, [2008] All ER (D) 155 (Mar) the House of Lords was required to determine a leapfrog appeal from a decision of the Divisional Court in which that court had refused to declare the provision incompatible with Art 10 of the European Convention on Human Rights (the Convention): (see [2006] EWHC 3069 (Admin), [2006] All ER (D) 30 (Dec)).

It should be noted, in passing, that the appellants did not pursue an alternative claim before the Divisional Court to the effect that the provisions containing the prohibition should be “read down” under s 3 of the Human Rights Act 1998 (HRA 1998) since it was common ground that the wording of

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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