THIRD SECTION

DECISION

Application no. 38383/97 by AMNESTY INTERNATIONAL (UNITED KINGDOM) against the United Kingdom

The European Court of Human Rights ( Third Section ) sitting on 18 January 2000 as a Chamber composed of

Mr J.-P. Costa, President , Sir Nicolas Bratza, Mrs F. Tulkens, Mr W. Fuhrmann, Mr K. Jungwiert, Mr K. Traja, Mr M. Ugrekhelidze, judges ,

and Mrs S. Dollé, Section Registrar ;

Having regard to Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 20 October 1997 by Amnesty International (United Kingdom) against the United Kingdom and registered on 31 October 1997 under file no. 38383/97;

Having regard to the reports provided for in Rule 49 of the Rules of Court;

Having regard to the parties’ letters of 13 and 14 December 1999;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an unincorporated association with its offices in London. The applicant is represented before the Court by Mr S. Grosz , a solicitor with Bindman & Partners, London.

The facts of the case, as submitted by the parties, may be summarised as follows.

In May 1994 the applicant wanted to advertise on radio in order to raise awareness in the United Kingdom of human rights violations in Rwanda and Burundi. The Radio Authority, which regulates independent radio services in the United Kingdom, refused the applicant permission to advertise because it found that the applicant fell foul of the Broadcasting Act's requirement that no advertisements are allowed by any body whose objects are wholly or mainly of a political nature. Section 92(2)(a) of the Broadcasting Act 1990 provides that licensed radio services must not include "any advertisement which is inserted by or on behalf of any body whose objects are wholly or mainly of a political nature". The decision of the Radio Authority was communicated to the applicant on 27 May 1994. The applicant submitted further arguments in support of its application for an advertising licence but was again refused on 8 July 1994 and finally on 7 October 1994.

The applicant's subsequent application for judicial review of the Radio Authority's refusal to grant an advertising licence was refused by the High Court on 4 July 1995. Its appeal was dismissed by the Court of Appeal on 17 December 1996 and by the House of Lords on 24 April 1997.

However, on 7 November 1997, the Radio Authority reversed its decision and allowed the applicant to advertise on radio.

COMPLAINTS

The applicant originally complained that it had been a victim of a violation of Article 10 of the Convention in that it was banned from advertising on the radio, thereby losing potential advertising revenue and publicity and also suffering discrimination contrary to Article 14 of the Convention, as against other commercial bodies which are allowed to advertise.

PROCEDURE

The application was introduced on 20 October 1997 and registered on 31 October 1997.

On 9 September 1998 the European Commission of Human Rights decided to communicate the application to the respondent Government.

The Government’s written observatio ns were submitted on 15 January 1999.

On 1 November 1998, by operation of Article 5 § 2 of Protocol No. 11 to the Convention, the case fell to be examined by the Court in accordance with the provisions of that Protocol.

REASONS FOR THE DECISION

By a letter dated 13 December 1999, the applicant’s representatives informed the Court that the applicant had concluded a settlement with the United Kingdom Government and did not wish to pursue the application ( Article 37 § 1 (a) of the Convention).

In accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention which require the continuation of the examination of the application.

For these reasons, the Court, unanimously,

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES .

S. Dollé J.-P. Costa

Registrar President