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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)

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HUGGETT v. the UNITED KINGDOM

HUGGETT v. the UNITED KINGDOM