Monday 29 April 2013

ECtHR Dismisses Animal Defenders “Political Advertising” Art.10 application | Inforrm's Blog

News: Court of Human Rights Dismisses Animal Defenders “Political Advertising” Article 10 application | Inforrm's Blog: "Judgment ([2013] ECHR 362) was handed down by the Grand Chamber this morning, more than a year after the original hearing. The majority attached considerable weight to the fact that the ban had been upheld by parliamentary and judicial bodies and their decision that it was “necessary to prevent the distortion of crucial public interest debates” [116]  The Court also thought that it was important that the prohibition was specifically circumscribed to address the risk of distortion [117].  It noted that there was not European consensus as to how to regulate paid political advertising and this suggested that a wide margin appreciation should be allowed [123].  Finally, it noted that other media were open to the applicant [124].
The UK judge, Sir Nicholas Bratza, delivered a concurring opinion which he noted that the role of the Strasbourg Court was not to carry out its own balancing test.
The dissenting judges noted that the case was almost identical to previous cases before the Court where the outcome had been a finding of violation." 'via Blog this'

No comments:

Post a Comment