E/CN.4/1990/46 page 51 89. On 12 December 1989, the United Kingdom Mission communicated the reply of the British Government to the Special Rapporteur's letter dated 8 November 1989: "Religious advertising on independent television "It has been alleged that paragraph 8 of schedule 2 of the Broadcasting Act 1981, which prohibits religious advertisements, interferes with the rights of religious persons and groups to seek, receive and impart information and ideas through the media. "United Kingom Government's response "1. Under the provisions of the Broadcasting Act 1981, religious advertising is not permitted on independent television (ITV and Channel 4) or on independent radio. Under the 1981 Act, Parliament has placed on the Independent Broadcasting Authority responsibility for all programmes and advertisements broadcast on independent television and radio, and to ensure that the specific provisions of the Act which relate to programmes and advertising are applied. Paragraph 8 of schedule 2 to the Act states: 'No advertisement shall be permitted which is inserted by or on behalf of any body whose objects are wholly or mainly of a religious or political nature, and no advertisement shall be permitted which is directed towards any religious or political end . . . ' . "2. This provision applies to all religious and political groups. It was included in the original Television Act in the 1950s which introduced independent television and has continued in subsequent United Kingdom broadcasting legislation since then. "3. As to the principles underlying the provision, it has long been held that it is not in the public interest to allow a medium as powerful and intrusive as television to be open to the unconditional expression of religious or political views. The United Kingdom Government believes that this would impinge on the rights and freedoms of others, and that the provisions of paragraph 8 of schedule 2 are therefore consistent with the restrictions permitted by articles 18.3 and 19.3 of the International Covenant on Civil and Political Rights. "4. As to the future, the new Broadcasting Bill will not continue this prohibition. Instead, the new regulatory bodies replacing the IBA, the Independent Television Commission and the Radio Authority will be required to draw up and enforce a code on advertising and sponsorship applied to their licensees, which will be subject to the approval of the Home Secretary. Whilst there will no longer be a prohibition on religious advertising or sponsorship, it is expected that the code will be designed to prevent religious proselytizing or exploitation of the vulnerable members of society, whilst permitting advertising of religious events, publications and objects.

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