Legal summary

January 2023

Bradshaw and Others v. the United Kingdom (communicated case) - 15653/22

Article 3 of Protocol No. 1

Free expression of the opinion of the people

Government’s alleged failure to investigate credible allegations of, and to provide legal and institutional framework to combat, foreign interference in democratic elections and referenda: communicated

The applicants are Members of Parliament. In February 2019 the House of Commons Digital, Culture, Media and Sport Committee published a report entitled “Disinformation and ‘fake news’”. This report was followed by the publication of a further report by the Intelligence and Security Committee of Parliament (“ISC”) entitled “Russia”. In the applicants’ view, the findings of those reports, together with the public response by the Government to the ISC report, provided credible evidence of interference by Russia in the 2014 referendum on Scottish Independence, the 2016 European Union membership referendum and the 2019 general election.

The applicants, together with two life peers and a non-profit organisation, sought permission to challenge, by way of judicial review, the Government’s failure to investigate credible allegations of Russian interference in the United Kingdom’s democratic processes and their failure to put in place an effective legal and institutional framework to combat such interference. Their application for permission was refused, twice by the High Court and again on appeal to the Court of Appeal.

The applicants complain under Article 3 of Protocol No. 1 to the Convention that the Government’s failure to investigate credible allegations of Russian interference in the United Kingdom’s democratic processes constituted a breach of its positive obligation to investigate hostile State interference in its democratic elections. They further complain that the Government has failed to put in place an effective legal and institutional framework to combat such interference.

Communicated under Article 3 of Protocol No. 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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