June 2003
R.(on the application of Pro Life Alliance) v BBC (2003)
The Pro Life Alliance registered as a political party and stood for election in the 2001 General Election. As part of their campaign they produced Party Election Broadcasts which the BBC subsequently refused to transmit on the grounds that they believed it to be contrary to public decency and good taste and offensive to the public at large. The broadcast contained graphic images of abortion which would ordinarily contravene the ITC's programme code and the BBC's producer guidelines.
In the initial trial the court found in the BBC's favour. The Pro Life Alliance requested judicial review in the question of article 10 of the human rights convention i.e. that of the right to freedom of speech. This was refused. At appeal the Court decided that the BBC had been wrong to deny the broadcast as a political party should have equal right to be free to transmit their policies and the right to freedom of speech. The BBC then further appealed to the House of Lords at which point it was held that:
· The Alliance did not deny that the broadcast of offensive material should be able to be prevented irrespective of Article 10
· Parliamentary restrictions on broadcasting should apply to all programmes irrespective of their nature or purpose
· The broadcasters had followed the accepted codes for measuring decency and good taste and could not be faulted in their application of such.
However Lord Scott dissented as he believed that the BBC should have taken into account the type of broadcast rather than making a decision based on content. The fact that it was an election broadcast meant that it was aimed at a certain audience and that it contained factually correct information.
BRIFFA comment:
When thinking about creating any media format for public display the chances are that an industry code creates standards for content. Although most of these codes are self governing rather than implemented by statute, this case shows that courts tend to agree with those who have respected such guidelines.