The freedom to impart political information vs. the absolute broadcasting ban on political advertising – a human rights perspective

Abstract

This paper discusses freedom to impart political information in the light of the absolute ban on political advertising from a human rights perspective. It sets out European state practice in so far as the absolute broadcasting ban on political advertising is concerned. The two salient decisions on political advertising on the broadcasting media decided by the European Court of Human Rights are examined and compared together and to another case decided by the same Court dealing with another aspect of freedom of expression, religious broadcasting. A case study on Malta examines a court judgement on the broadcasting of political advertising decided by the Maltese Courts. Bearing in mind the above jurisprudential activity of the European Court and of the Maltese Courts, this contribution discusses the implications of the European Court and Maltese Courts’ judgements on national law and concludes by suggesting recommendations for change both at the national and the European levels.