R (on the application of) v The Office of Communications [2011] EWCA Civ 692 (17 June 2011)
This case concerns an appeal against the Divisional Court’s finding that a radio presenter’s right to freedom of expression was not infringed by an adverse ruling of the Broadcasting Code’s statutory regulator (Ofcom). The appellant challenged Ofcom’s finding on the ground that it fell foul of article 10 of the European Convention on Human Rights. Article 10 encompasses the freedom to receive and impart information and ideas without interference, subject to restrictions as prescribed by law and necessary in a democratic society for the protection of the rights of others. The England and Wales Court of Appeal (Civil Division) (EWCA) unanimously dismissed the appeal.
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