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UK in clash with European Court over political ads ban European Court upholds UK political advert ban
(about 17 hours later)
The government says it will resist attempts to allow US-style political advertising on British TV ahead of an important legal judgement on the issue. An attempt to allow US-style political advertising on British TV has failed after European judges ruled the UK's blanket ban did not breach free speech.
European judges are to rule on a legal challenge claiming a blanket ban on the adverts breaches right to free speech. Animal rights campaigners brought the legal challenge after they were banned from screening a TV advert.
The UK says any change to the rules governing political advertising should be a matter for the UK rather than the European Court of Human Rights (ECHR). But judges from the European Court of Human Rights (ECHR) ruled by 9 to 8 in favour of the government.
Justice Secretary Chris Grayling said it was outside the court's remit. The government welcomed the verdict, saying the ban helped sustain a "balance of views" on British TV.
On Monday, the Grand Chamber of the Strasbourg court will deliver its judgment in the long-running case brought by an animal welfare group amid UK concerns that a relaxation of the ban could lead to the airwaves being dominated by the political pressure groups with the deepest pockets. The Grand Chamber of the Strasbourg court delivered its judgment in the long-running case amid UK concerns that a relaxation of the ban could lead to the airwaves being dominated by the political pressure groups with the deepest pockets.
In 2005, Animal Defenders International was blocked from screening a TV advertisement which juxtaposed images of a girl and a chimpanzee in chains in an animal cage.
'Wide support''Wide support'
In 2005, Animal Defenders International (ADI) was blocked from screening a TV advertisement which juxtaposed images of a girl and a chimpanzee in chains in an animal cage.
The House of Lords upheld the ban in 2008 and the group then took the case to the European Court, claiming the prohibition breached the Article 10 right to freedom of expression.The House of Lords upheld the ban in 2008 and the group then took the case to the European Court, claiming the prohibition breached the Article 10 right to freedom of expression.
Mr Grayling told the Mail on Sunday: "I have very serious misgivings about the fact that the court considers this issue to be within its remit. It raises major questions about the role of the ECHR in Britain. The ruling by the smallest possible majority of the Strasbourg judges declared: "The court noted that both parties (ADI and the government) maintained that they were protecting the democratic process."
"The ban on political advertising was put there for a purpose: to protect the integrity of our democracy. Any change should be a matter for the UK Parliament, not the ECHR." The judges said the ban only applied to advertising and ADI had access to "alternative media, both broadcast and non-broadcast".
A Department for Culture, Media and Sport spokesman said it was confident the government's stance on the issue was correct. The verdict concluded: "Overall, the court found that the reasons given to justify the ban were convincing and that the ban did not therefore go too far in restricting the right to participate in public debate."
"Political adverts are - and have always been - banned on British TV and radio," he said. Culture Secretary Maria Miller said: "We welcome the fact the European Court has upheld the UK's blanket ban on political advertising.
"That ban has wide support and has helped sustain the balance of views which is at the heart of British broadcasting - and ensures that advertising broadcast into our homes is not determined by those who have the deepest pockets." "Political adverts are - and have always been - banned on British TV and radio. That ban has wide support and has helped sustain the balance of views which is at the heart of British broadcasting - and ensures the political views broadcast into our homes are not determined by those with the deepest pockets."
The UK is already involved in a major row with the ECHR over the issue of votes for prisoners, with some Conservatives calling for the government to abandon its obligations under the 60-year old European Convention on Human Rights.
The government has also led calls for reform of the court so it takes on fewer cases which have already been ruled on by domestic judges.