The Referendum Party challenged the allocation to it of less time for election broadcasts. Under the existing agreements, having fielded over 50 candidates, they were allocated only five minutes.
Held: Neither the inclusion of past electoral support as part of their general criteria for allocating party election broadcasts nor their treatment of the lack of it in this case was irrational. Both the BBC and ITV companies were under a duty to act with due impartiality. The application was dismissed.
Judges:
Lord Justice Auld and Mr Justice Popplewell
Citations:
[1997] EWHC Admin 406
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Wilson v Independent Broadcasting Authority OHCS 1979
In the lead up to the Scottish referendum on Devolution, the Authority required the broadcasters to carry party political broadcasts for each of the four main parties. Three parties favoured voting yes in the referendum, and the authority was . .
Cited – Lynch v British Broadcasting Corporation QBNI 1983
Impartiality in the context of a broadcasters duties during an election is not to be equated simply with parity or balance as between political parties of different strengths, popular support and appeal. . .
Cited – Attorney-General, ex rel McWhirter v Independent Broadcasting Authority CA 1972
The court should not interfere in decisions made by broadcasting companies allocating television time to parties before elections unless it is of the view that they were irrational in not giving enough weight to those matters in allocating it only . .
Cited – The British Broadcasting Corporation v Johns (HM Inspector of Taxes) CA 5-Mar-1964
The BBC claimed to be exempt from income tax. It claimed crown immunity as an emanation of the crown. The court had to decide whether the BBC was subject to judicial review.
Held: It is not a statutory creature; it does not exercise statutory . .
Cited – Regina v Broadcasting Complaints Commission, ex parte Owen CA 1985
The BBC is a creation of the Crown through the grant of a Charter in the exercise of the Royal Prerogative, and it exercises its functions under agreement with and licences from the Government. The court expressly declined to express a view on the . .
Cited – Regina v Take-over Panel, ex parte Datafin PLC CA 1986
Amenability to judicial review
The issue of amenability to judicial review often requires an examination of the nature of the power under challenge as well as its source: ‘In all the reports it is possible to find enumerations of factors giving rise to the jurisdiction [of . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Lists of cited by and citing cases may be incomplete.
Media, Elections
Updated: 26 May 2022; Ref: scu.137351