''R (ProLife Alliance) v BBC'' was a

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

case on the extent to which matters of good taste and decency are sufficient to justify the censorship of a

party political broadcast A party political broadcast (also known, in pre-election campaigning periods, as a party election broadcast) is a television or radio broadcast made by a political party. In the United Kingdom the Communications Act 2003 prohibits (and previou ...

. The ProLife Alliance had submitted a video that showed the results of an

abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...

. The video was held to violate statutory regulations requiring public broadcasts to be decent. After extensive legal proceedings, the

Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

ruled in favour of the ProLife Alliance. However, the decision was overturned by the House of Lords.

Facts

The

ProLife Alliance ProLife Alliance (PLA) or simply ProLife, was an anti-abortion, single-issue political party that was active in the United Kingdom from 1996 to 2004. Since that time it has continued as an advocacy group. It is opposed to any form of euthanasia ...

is an advocacy group, and until 2004 a political party, that campaigns for "absolute respect for innocent human life from fertilisation until natural death and therefore opposes abortion, euthanasia, destructive embryo research and human cloning." (Paragraph 2 of the Court of Appeal judgment) In 1997, the ProLife Alliance had enough support to be granted a Public Election Broadcast (PEB), subject to rules set out by the

BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...

Independent Television Commission The Independent Television Commission (ITC) licensed and regulated commercial television services in the United Kingdom (except S4C in Wales) between 1 January 1991 and 28 December 2003. History The creation of ITC, by the Broadcasting Act ...

(ITC) and the

Electoral Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...

. The ProLife Alliance submitted a video that was graphic in nature. The video, the HL said, showed "the products of a suction abortion: tiny limbs, bloodied and dismembered, a separated head, their human shape and form plainly recognisable. There are some pictures showing the results of the procedures undertaken to procure an abortion at later stages... They are, I think, certainly disturbing to any person of ordinary sensibilities." The broadcasters declined to show the video, on the grounds that it could have been offensive or disturbing to a large number of viewers. The ProLife Alliance sought permission for judicial review of their decision, which was refused. "A further application to the Court of Appeal was also refused. The appellant applied to the European Court of Human Rights, alleging a violation of Article 10 of the European Convention on Human Rights ("ECHR"). The application was declared inadmissible without the United Kingdom government being called on to put in observations." (Para. 7)

Laws applied

The

Broadcasting Act 1990 The Broadcasting Act 1990 (c. 42) is an Act of Parliament (UK), act of the Parliament of the United Kingdom, which aimed to liberalise and deregulate the British broadcasting industry by promoting competition; an example being ITV (TV network), ...

makes the following provisions: The following provisions of the Broadcasting Act 1996 are also important:

Court of Appeal

The

ruled in favour of the ProLife Alliance by stating that the BBC had acted unfairly in denying them one election broadcast in

Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...

House of Lords

The House of Lords overruled the Court of Appeal decision.

References

{{DEFAULTSORT:R (Prolife Alliance) V. Bbc Abortion case law Censorship of broadcasting in the United Kingdom United Kingdom free speech case law House of Lords cases 2003 in United Kingdom case law BBC controversies

Facts

Laws applied

Court of Appeal

House of Lords

See also

References