Protection of Advertising as a Form of Commercial Expression
I. Introduction
Freedom of expression forms one of the fundamental human rights afforded to individuals across the globe. Enshrined in human rights laws, such as the ECHR, ACHR and Banjul Charter, this freedom grants individuals the right to enjoy “free access [to] information and ideas, and to express their views freely.” However, this freedom has sparked debate as to the forms of speech which may or may not be classified under the umbrella term of ‘expression.’ Such contention is often focused on commercial expression and, in particular, advertising. The question invariably arises as to whether or not this form of expression is, and should be, protected as a freedom under human …show more content…
We can practically assume that regulation has the ability to achieve this goal, primarily through successfully restricting harmful advertising, for the purpose of enabling the protection of constructive speech. Such regulation should seek to identify and tackle inequality whilst “promoting efficient solutions within market transactions.” If these objectives are achieved, then it seems sensible that regulated advertising should be afforded protection as a form of …show more content…
This international treaty was drafted and formed by the Council of Europe, and was incorporated into UK law through the Humans Rights Act (1998). Article 10 of this convention provides individuals with a right to freedom of expression, which may be limited as prescribed by law, where it would be “necessary in a democratic society.” In this portion of my essay, I argue that freedom of advertising as a form of commercial expression has already been successfully protected under this convention, both in the UK and other member states. As such, it should continue to be openly afforded protection under the ECHR, though limited in situations concerning public policy concerns. Additionally, this aim is supported by the Unfair Commercial Practices Directive (2005) (UCPD), which aids the ECHR in providing a range of unfair trading practices to be banned. These unfair practices include misleading advertising, and therefore the volume of cases where public policy concerns may arise is
I. Introduction
Freedom of expression forms one of the fundamental human rights afforded to individuals across the globe. Enshrined in human rights laws, such as the ECHR, ACHR and Banjul Charter, this freedom grants individuals the right to enjoy “free access [to] information and ideas, and to express their views freely.” However, this freedom has sparked debate as to the forms of speech which may or may not be classified under the umbrella term of ‘expression.’ Such contention is often focused on commercial expression and, in particular, advertising. The question invariably arises as to whether or not this form of expression is, and should be, protected as a freedom under human …show more content…
We can practically assume that regulation has the ability to achieve this goal, primarily through successfully restricting harmful advertising, for the purpose of enabling the protection of constructive speech. Such regulation should seek to identify and tackle inequality whilst “promoting efficient solutions within market transactions.” If these objectives are achieved, then it seems sensible that regulated advertising should be afforded protection as a form of …show more content…
This international treaty was drafted and formed by the Council of Europe, and was incorporated into UK law through the Humans Rights Act (1998). Article 10 of this convention provides individuals with a right to freedom of expression, which may be limited as prescribed by law, where it would be “necessary in a democratic society.” In this portion of my essay, I argue that freedom of advertising as a form of commercial expression has already been successfully protected under this convention, both in the UK and other member states. As such, it should continue to be openly afforded protection under the ECHR, though limited in situations concerning public policy concerns. Additionally, this aim is supported by the Unfair Commercial Practices Directive (2005) (UCPD), which aids the ECHR in providing a range of unfair trading practices to be banned. These unfair practices include misleading advertising, and therefore the volume of cases where public policy concerns may arise is