My Mate the Primate case could undo charities ban
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By Daniel Nelson
A challenge over a ban on political advertising of potential importance to many charities is likely to be heard in May. The case is being brought by Animal Defenders International (ADI), whose My Mate the Primate campaign was barred from radio and TV last year. The advertisements were deemed political because their aim was to influence public opinion on a matter of controversy. It seems extraordinary that someone can use a chimpanzee on television to sell a soft drink, yet we are forbidden from questioning this behaviour through our own advertising, says ADI chief executive Jan Creamer. Creamer was referring to advertisements such as Dolce & Gabbana ads using performing chimpanzees wearing diamante watches and Barclaycard's depiction of a performing monkey as a pickpocket in a TV ad. Last September, Make Poverty History TV ads were barred on the same "political" grounds, as was a RSPCA ad about the rearing of broiler chickens in 2001. At the ADI hearing in May, the group which describes itself as a peaceful animal welfare campaign organisation - will argue that the ban contravenes its right to freedom of expression. If successful, the Government would have to amend the legislation or face a legal challenge at the European Court of Human Rights in Strasbourg. Allison Tuffrey Jones on ADI told OneWorld UK this week that the most likely outcome is an amendment enabling campaign groups currently defined as political organisations to use broadcast media to advertise. Tasmin Allen of ADIs solicitors, Bindman & Partners, has pointed out in an article in The Guardian that the ban has created a significant imbalance in important debates. As it stands, oil companies can spend thousands on vanity advertising to convince us that the environment is safe under their stewardship but Greenpeace is not allowed to contest that view in the same media, she wrote. Or, as in the current challenge, zoos and other commercial organisations can advertise using primates but an animal welfare campaign group is not allowed to challenge that use. Allen points out that a vegetarian society had successfully challenged a similar Swiss ban in the Strasbourg court. The legal challenge is to the Communications Act 2003 and not to the long-disputed rulings of the Charity Commission, which many charities say also restrict their attempts to generate debate and change policies. But there are also moves on the Commission front: in recent weeks the Sheila McKechnie Foundation and People & Planet (both OneWorld UK Partners) have been in discussion with the Commission about its guidance on campaigning. The Commissions guidelines are not clear and consistent, says the Foundation's development manager, Matthew Sowemimo. He believes they could be more supportive for organisations that want to campaign. The Foundation and People & Planet are canvassing opinions on the guidelines from NGOs, which are invited to complete a short survey. * Save a Primate * Sheila McKechnie Foundation |
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