Political advertising and the Communications Act: tailored suit or old blanket?

In the jurisprudence of the European Convention on Human Rights, political expression receives a high degree of protection. Commercial expression, by contrast, receives far lower levels of protection. In respect of political advertising in the broadcast media the current UK regime inverts this position. Broadcast advertising for any political purpose is prohibited whereas advertising for commercial purposes is permitted. In this article it is argued that the blanket ban on political advertising in the broadcast media comprises a disproportionate interference with the right to freedom of expression. Furthermore, since the Government has made a statement under s.19(1)(b) of the Human Rights Act 1998 in respect of the prohibition, it will be extremely difficult for the court to use its interpretative powers under s.3 HRA or invoke doctrines of judicial deference to save the ban from incompatibility with Art.10 ECHR