AS TO THE ADMISSIBILITY OF
Application No. 24744/94
by Richard John HUGGETT
against the United Kingdom
The European Commission of Human Rights (First Chamber) sitting
in private on 28 June 1995, the following members being present:
Mr. C.L. ROZAKIS, President
Mrs. J. LIDDY
MM. E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
M.P. PELLONPÄÄ
B. MARXER
G.B. REFFI
B. CONFORTI
N. BRATZA
I. BÉKÉS
G. RESS
A. PERENIC
C. BÎRSAN
Mrs. M.F. BUQUICCHIO, Secretary to the Chamber
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 4 June 1994 by
Richard John HUGGETT against the United Kingdom and registered on
1 August 1994 under file No. 24744/94;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a British citizen born in 1944. He lives in
Christow, Exeter. The facts of the application, as submitted by the
applicant, may be summarised as follows.
The particular facts of the case
The applicant was an independent candidate in the elections to
the European Parliament which were held on 9 June 1994. It is his view
that political parties have no status in English electoral law, that
they are an unnatural restraint on the evolution of democracy and that
they are not an indispensable feature of representative democracy.
The applicant, who contested solely the Devon and East Plymouth
seat, did not request and did not have a broadcast.
On 19 January 1995 the Chief Political Adviser of the BBC replied
to a letter from the applicant. He explained that the BBC was not
required to broadcast party political broadcasts or election broadcasts
by statute but "because time on television is offered to political
parties by the BBC for them to explain their policies and politics as
they see fit." He added that the 12.5% threshold had been set by the
broadcasters, and ended his letter:
"As you suggest electoral law is geared to individuals rather
than parties but this does not govern the offer of time for party
political broadcasts on the BBC. I am sure you are not
suggesting that an offer of broadcasting time should be made to
every individual candidate in every single election which takes
place in the United Kingdom!"
Relevant domestic law
The British Broadcasting Corporation ("the BBC") is a public
corporation governed by a Royal Charter which defines its objects,
powers and obligation, its constitution and the sources and uses of its
revenues.
The BBC makes time to broadcast party political broadcasts.
Election broadcasts are those party political broadcasts which take
place during a general election, and there is a similar series which
takes place during elections to the European Parliament.
"The broadcasting authorities make certain periods available
after the election is announced, and the parties agree how the
time is to be allocated between them. After nomination day, the
claims of minor parties are considered, when additional time -
shorter than that allotted to the main parties - is allotted to
any party which has not less than ... twenty candidates
(Halsbury's Laws of England, vol. 45, para. 576; the figure of
twenty has now been reduced to ten).
A party which stands in at least 12.5% of seats in a European
election in the United Kingdom (i.e., in the 1994 elections, ten seats)
qualifies for one party election broadcast lasting five minutes. It
had initially been intended to set the threshold at 20%, but it was
reduced after objection by the Green Party.
COMPLAINTS
The applicant alleges a violation of Articles 10 and 14 of the
Convention.
Under Article 10, the applicant complains that because he was not
able to make a party political broadcast, he was denied the right to
impart information and ideas without influence by public authority.
He points out that the Home Office is charged with the conduct of
elections, and that the Home Office has stated that the allocation of
broadcasting time is a matter of Government policy.
Under Article 14 of the Convention in connection with Article 10,
the applicant regards the grant of party political broadcasts only to
forms of organisation ("the party") which are not known to British
electoral law but not to him as discriminatory.
THE LAW
The applicant alleges a violation of Articles 10 (Art. 10) and
14 (Art. 14) of the Convention in that he was not entitled to a
political broadcast in the campaign for the elections to the European
Parliament.
Article 10 (Art. 10) of the Convention provides, so far as
relevant, as follows.
"1. Everyone has the right to freedom of expression. This
right shall include freedom to hold opinions and to receive and
impart information and ideas without interference by public
authority and regardless of frontiers. ...
2. The exercise of these freedoms, since it carries with it
duties and responsibilities, may be subject to such formalities,
conditions, restrictions or penalties as are prescribed by law
and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for
the prevention of disorder or crime, for the protection of health
or morals, for the protection of the reputation or rights of
others, for preventing the disclosure of information received in
confidence, or for maintaining the authority and impartiality of
the judiciary."
Article 14 (Art. 14) of the Convention provides as follows:
"The enjoyment of the rights and freedoms set forth in this
Convention shall be secured without discrimination on any ground
such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national
minority, property, birth or other status."
The applicant submits that the responsibility for the limitation
on party political broadcasts lies with the Home Office, as the
authority charged with the conduct of elections, and with the
broadcasters, as the framers of the specific rules.
The Commission notes that it appears from the domestic law
summarised above that responsibility for political broadcasts in the
United Kingdom lies with the BBC, which gives air time for political
broadcasts on editorial policy grounds.
The Commission next notes that the applicant has not submitted
a copy of any express refusal of a political broadcast in connection
with the 1994 elections to the European Parliament, and he has not
challenged the rules allotting air time to candidates by way of an
application for judicial review. However, the Commission is not
required to determine questions of the applicant's status as a victim
or of whether he has exhausted domestic remedies as prescribed by
Article 26 (Art. 26) of the Convention. Nor is it required to
determine whether the BBC's rules on political broadcasts engage the
responsibility of the United Kingdom under the Convention, as even if
all these questions are answered in the applicant's favour, the
application is nevertheless inadmissible for the following reasons.
It is clear that the time available for political broadcasts is
not unlimited and that some criteria must be applied for the fair
allocation of air time. The criteria applied by the BBC for the grant
of air time for political broadcasts - namely that the recipients
should be a party presenting candidates in at least 12.5% of seats in
an election - are set with a view to facilitating the public expression
of political opinions which are likely to be of general interest and
to command some general public support. In the absence of a challenge
by way of judicial review to the criteria, the Commission cannot see
any arbitrariness or discrimination in the application of these
criteria which could conflict with the provisions of Article 10
(Art. 10) of the Convention, either alone or in connection with Article
14 (Art. 14) of the Convention. In particular, there is no indication
that the applicant has been treated in any way differently from a small
"recognised" political party which was contesting just one seat at
European elections.
It follows that the application is manifestly ill-founded within
the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.
For these reasons, the Commission, unanimously,
DECLARES THE APPLICATION INADMISSIBLE.
Secretary to the First Chamber President of the First Chamber
(M.F. BUQUICCHIO) (C.L. ROZAKIS)
Full & Egal Universal Law Academy