A/69/286 C. Not-for-profit advertising 38. The distinction between commercial advertising and not-for-profit advertising, such as state and other political, social or religious advertising, is sometimes unclear. Nevertheless, it is important to ask whether, how and to what extent stakeholders other than companies have, and should have, access to advertising space to counterbalance the views disseminated by the corporate sector, which are largely articulated around the promotion of the consumption of (mainly manufactured) products and services. Commercial advertising, not least that of large corporations, is not neutral in terms of the values, world visions and aspirations it promotes. 1. Advertising by political, religious or civil society groups 39. Regulating political communication is common and includes restrictions on advertising (see A/HRC/26/30, paras. 51-54). Many countries prohibit paid “political advertising” on certain media, especially broadcast media, outside of strictly regulated electoral periods. Many broadcasting authorities also refuse to air messages promoting religious or political content that are specifically labelled as such. 40. From a human rights and cultural rights perspective, the aim must be to protect the democratic debate from distortion by powerful financial groups enjoying advantageous access to influential media, to protect the formation of public opinion from undue commercial influence, to promote equality of opportuni ty among different societal perspectives and viewpoints and to facilitate the editorial independence of radio and television broadcasters. 15 The European Court of Human Rights, for example, found that a ban on paid political advertising in broadcasting was legitimate and proportionate. 16 In an earlier case however, the Court found a breach of article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms when a national broadcaster banned an advertisement by an association for animal protection. 17 The issue clearly needs further discussion. 41. The Special Rapporteur was also informed of restricted or lesser access for not-for-profit advertising on billboards. 2. State or government advertising 42. The Inter-American Commission on Human Rights stressed that government advertising may contribute to diversity when large corporate advertisers, as major providers of media revenue, place advertisements exclusively in sources favourable to their business interests, avoiding outlets that report on financial scandals, environmental damage or labour disputes. In any event, to mitigate state selectivity in advertising, the legal rules regarding government advertising must incorporate the principles of public interest, transparency, accountability, non-discrimination, efficiency and the good use of public funds. 18 The Human Rights Committee, for its part, stated that government advertisements should not have the effect of impeding __________________ 15 16 17 18 10/26 See the arguments of the Federal Tribunal of Switzerland in European Court of H uman Rights, VgT v. Switzerland (No. 2), 2009, Grand Chamber, para. 14. See also the response of Switzerland on this issue. Animal Defenders International v. the United Kingdom, 2013. VgT v. Switzerland, 2009. Inter-American Commission on Human Rights, “Principles on the regulation of government advertising and freedom of expression”, 2011, para. 39. 14-58963