ECHR (Animal Defenders International v UK: App no 48876/08: Political Advertising Bans and Freedom of Expression)

In Animal Defenders International v UK, the 17-judge Grand Chamber of the European Court of Human Rights ruled that the UK’s ban on political advertising on television, as applied to an animal rights organisation, did not violate freedom of expression. The Court divided nine votes to eight, with the majority opinion abandoning the Court’s previous ‘strict scrutiny’ review, and laying down a new doctrine for reviewing political advertising bans. This article, first, examines the role the composition of the Grand Chamber played in the outcome of the case. Second, questions the basis of the new doctrine of review. And third, criticises the majority’s treatment of precedent.