A High Court judge in Belfast, Northern Ireland, has overturned a decision by the U.K.'s Advertising Standards Authority that an ad run by the Sandown Free Presbyterian Church opposing a 2008 gay pride parade violated the ASA's advertising code. At issue is an ad captioned: "The Word of God Against Sodomy." ASA ruled that the ad should not appear again in its current form because it violated a provision of the advertising code that bars ads likely to cause serious or widespread offence on the basis of sexual orientation. (See
prior posting.) According to
BBC News yesterday, the high court rejected that conclusion, writing in part:
The applicant's religious views and the Biblical scripture which underpins those views no doubt cause offence, even serious offence, to those of a certain sexual orientation. Likewise, the practice of homosexuality may have a similar effect on those of a particular religious faith. But Article 10 (of the European Convention on Human Rights) protects expressive rights which offend, shock or disturb.
Moreover, Article 10 protects not only the content and substance of information but also the means of dissemination since any restriction on the means necessarily interferes with the right to receive and impart information.
The court noted that the ad did not condone violence and was a genuine attempt to defend the church's religious beliefs.
