TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 92

CCPR/C/58/Add.6 page 60

Government took this decision because of the offence caused to the public by such statements, because of the publicity and spurious respectability which such appearances gave to the supporters of terrorism and because they used these opportunities to threaten and intimidate law-abiding citizens. Both Houses of Parliament approved the Government's decision. This decision was unsuccessfully challenged on application for judicial review heard on

26 May 1989 in the case of R v Secretary of State for the Home Department, ex parte Brind and Others. An appeal before the Court of Appeal is pending.

The press

266. An important element in the protection of human rights in the United Kingdom is the long tradition of press freedom. There is no statutory control over the press, which operates under a system of self-regulation supervised by the Press Council, which is independent of government. During the course of 1989, two Private Members' bills attempted to introduce statutory control over the press in connection with the right of reply and the protection of privacy. Because of their implications for the freedom of the press, the Government did not support these bills and they did not complete their parliamentary passage.

267. The press has, in general, the same freedom as the individual to impart ideas and information. No specific laws govern the press, although the law on, for example, contempt of court, official secrets, libel and defamation restricts what the press may report. On the subject of judicial proceedings, the press may not publish material likely to prejudice the courts' reputation for fairness before or during proceedings, nor may it publish before or during a trial matter which might tend to influence the result.

268. At present, it is the Government's view that self-regulation by the press is preferable to any form of statutory control, but, in response to public and parliamentary disquiet about some activities of some sections of the press, particularly in intruding into citizens' privacy, the Government has set up an independent committee to review the question of privacy and related matters.

269. The Press Council, which considers complaints against newspaper reporting, has no statutory powers of enforcement; it is a voluntary body comprising 37 full members, of whom 18 are drawn from professional bodies (mainly the newspaper industry itself), and 19, including the chairman, are lay members.

Films

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270. Under the Cinemas Act 1985 (which consolidated earlier legislation), licence from the appropriate local authority is required for premises used for a film exhibition. Local authorities have the power to prevent films being shown in licensed cinemas in their area, to impose restrictions on who may see them, or to require cuts. In general, they rely on the recommendations of the British Board of Film Classification, which is a body independent of government.

Ministers have no powers to influence the Board's classification decisions. Under the Video Recordings Act 1984, with certain exceptions, pre-recorded video cassettes must be classified by the British Board of Film Classification before they may be supplied to the public.

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