R (ProLife Alliance) v BBC [2004] 1 AC 185

Court: House of Lords

Facts: The ProLife Alliance sought judicial review of the BBC's decision to refuse to broadcast their party election broadcast, arguing that the refusal infringed their right to free speech under Article 10 of the European Convention on Human Rights. The BBC contended that the broadcast was offensive and contrary to public feelings, which was a permissible restriction on freedom of expression.

Issues : Whether the BBC's refusal to air the broadcast was an unjustifiable restriction on the ProLife Alliance's right to free speech/Whether the restriction was proportionate and appropriate given the circumstances.

Held: The House of Lords allowed the appeal.

(1) Human Rights: The court held that the BBC was entitled to refuse the broadcast based on public offensiveness, and this restriction did not breach Article 10 of the ECHR.

(2) Proportionality: The decision was found to be proportionate. The court emphasized that it was not its role to substitute its judgment for that of the broadcaster but to ensure the decision adhered to proportionality principles.