OFMDFM political campaigning breaches Communications Act - Allister
16 February 2010
TUV Leader Jim Allister QC is reporting OFMDFM’s political advertising on television and radio on the Hillsborough deal to both OFCOM and the Electoral Commission, because he believes it breaches the Communications Act 2003.
In a statement Mr Allister said:-
“The Communications Act 2003 exists, in part, to prevent abuse of the airwaves for political advertising.
“Section 319(2)(g) is clear in setting the objective “that advertising that contravenes the prohibition on political advertising set out in section 321(2) is not included in television or radio services”.
“Section 321(2) is equally clear in defining what contravenes the prohibition in Section 319(2)(g) on political advertising. It says:
“(2) For the purposes of section 319(2)(g) an advertisement contravenes the prohibition on political advertising if it is—
(a) an advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of a political nature;
(b) an advertisement which is directed towards a political end;…”
“Clearly, this advert has been inserted by a body, OFMDFM, whose objects are political and the advertisement is directed towards a political end, political ends being defined in Section 321(3) as including:
“(b) bringing about changes of the law in the whole or a part of the United Kingdom or elsewhere, or otherwise influencing the legislative process in any country or territory;”
With the adverts being run in advance of votes on policing and justice in the Assembly on 9th March 2010, their purpose clearly is political and thus inappropriate breaches of the Communications Act.
“I am, therefore, calling on OFCOM to intervene and block these political adverts and on the Electoral Commission, particularly in the run up to a General Election, to record them as party political promotions. OFMDFM has stepped over the line of public information into political advertising and should not be let away with it.
“If I as an opponent of the Hillsborough deal sought to air adverts of opposition on radio or television they would be blocked under the ommunications Act, so why should DUP and their partner Sinn Fein be treated any differently?”
Notes to Editors:
The following are the relevant extracts from the ommunications act 2003
319 OFCOM’s standards code
(1) It shall be the duty of OFCOM to set, and from time to time to review and revise, such standards for the content of programmes to be included in television and radio services as appear to them best calculated to secure the standards objectives.
(2) The standards objectives are—
(g) that advertising that contravenes the prohibition on political advertising set out in section 321(2) is not included in television or radio services;
(k) that there is no undue discrimination between advertisers who seek to have advertisements included in television and radio services; and
321 Objectives for advertisements and sponsorship
(2) For the purposes of section 319(2)(g) an advertisement contravenes the prohibition on political advertising if it is—
(a) an advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of a political nature;
(b) an advertisement which is directed towards a political end; or
………..
(3) For the purposes of this section objects of a political nature and political ends include each of the following—
………..
(b) bringing about changes of the law in the whole or a part of the United Kingdom or elsewhere, or otherwise influencing the legislative process in any country or territory;
(c) influencing the policies or decisions of local, regional or national governments, whether in the United Kingdom or elsewhere;
………..
(f) influencing public opinion on a matter which, in the United Kingdom, is a matter of public controversy;
(g) promoting the interests of a party or other group of persons organised, in the United Kingdom or elsewhere, for political ends.
