Colin Munro explains why the ban on political advertising in broadcasting faces challenges
It is by no means obvious that charities campaigning to make poverty history should be banned from advertising on British television, when casinos and betting firms are being given greater freedom to advertise. Nor is it evident that an oil major or an airline should be able to advertise and boast of its green credentials, while an environmental group cannot advertise to rebut the claims. Yet these are the effects of the laws and code rules governing what may or may not be advertised on television or radio.
In particular, the wholesale ban on paid political advertising is an extensive restriction. In the UK, paid political advertising has never been permitted in the broadcast media. The current rule is found in the Communications Act 2003 (CA 2003), s 319, prohibiting political advertising, which is defined in s 321(2) as comprising:
“(a) an advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of
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