Britain is in danger of being forced by European judges to allow US-style political advertisements to be shown on television.
The European Court of Human Rights (ECHR) is due to rule tomorrow on a test case brought by a British-based animal rights group.
Insiders fear the verdict will go against the Government, meaning any political group can buy time on British television.
The European Court of Human rights will rule on whether it's right to ban an advert by an animal rights group about the abuse of apes. A win for the group could pave the way for political 'attack' adverts in Britain
But Justice Secretary Chris Grayling last night vowed to resist the threat. Any change would mean that organisations and individuals ranging from rich businessmen with outspoken views to unions, animal rights groups and campaigners on both sides in the abortion and climate change debates could win air time to promote their views, win votes or change the law.
A ruling in favour of political advertisements will also spark fresh controversy over whether the ECHR has the right to overrule MPs at Westminster.
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Mr Grayling told The Mail on Sunday: ‘I have very serious misgivings about the fact that the court considers this issue to be within its remit. It raises major questions about the role of the ECHR in Britain.
‘The ban on political advertising was put there for a purpose: to protect the integrity of our democracy. Any change should be a matter for the UK Parliament, not the ECHR.’
Mr Grayling is ready to veto any ruling in favour of political advertisements by the ECHR, triggering a re-run of the still unresolved battle with the European court over its demand that Britain gives votes to prisoners.
The 2003 Communications Act bans all television advertisements ‘of a political nature or directed towards changing the law; influencing elections, Government policy or public opinion on controversial matters; promoting a political party or in connection with an industrial dispute’.
The UK law is being taken on by animal protection organisation, Animal Defenders International. The group has launched several legal challenges, after it was banned from broadcasting a TV advert as part of its ‘My Mate’s a Primate’ campaign. The advert focused on the abuse of apes and featured a young actress and the voice of comedian Alexei Sayle.
The advert being ruled on features a young actress caged like an ape. If the Animal Defenders win their case, it will pave the way for further adverts by charities, animal rights groups and political parties
Critics of the ban, which prohibits a wide range of adverts by charities and campaigners as well as political parties, say it is being challenged because it contravenes the ECHR guarantee to freedom of expression. At present, the main political parties are allowed a set number of party political broadcasts, shown mainly in the run-up to elections and based on how many votes they won at the last Election. They are not classed as political advertisements.
Some officials say the Strasbourg-based ECHR may decide to maintain a narrow ban on advertisements by political parties.
But it would still leave a huge scope for commercials that directly or indirectly play a role in domestic politics, bringing British media laws more into line with the US, where single-issue groups play a crucial role in elections.
Billions of dollars are spent on political advertisements in America. Most are negative, based on personal and often distorted claims about an opponent.
One lawyer said: ‘Commercial companies are free to advertise on television, regardless of whether their products are any benefit to society as a whole. Yet there is a total ban on charities. That is completely illogical and unjustifiable.’
A Conservative source said: ‘If the ECHR goes against us on this it will cause as big a row as votes for prisoners. It will make us even more determined to pull out of the European Convention on Human Rights.
‘Political adverts give the rich the chance to influence elections.
‘Most people would be horrified by the prospect of US-style political campaigns on our screens.
‘They would also be a gift to union barons who could use their coffers to drum up support for strikes.’
Some Labour MPs fear a change could benefit the Tories who have a greater number of wealthy donors. But the stance of Labour and the Lib Dems could be affected by their strong support for the ECHR.
A spokesman for Maria Miller, Secretary of State for Culture, Media and Sport, said: ‘The Government successfully defended the ban on political advertising in the UK courts and we are confident that the Government’s firm stance on this issue is correct. Political adverts are – and have always been – banned on British TV and radio.
‘That ban has wide support and has helped sustain the balance of views which is at the heart of British broadcasting – and ensures that advertising broadcast into our homes is not determined by those who have the deepest pockets.’