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.