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Christian Radio Station Loses 'Marginalised' Christians Advert Case At High Court

PA/Huffington Post UK  |  Posted: 20/04/2012 10:20 Updated: 20/04/2012 11:13

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High Court
The radio station lost its appeal at the High Court this morning

A radio station lost its challenge in the High Court today against a ban on an advertisement seeking information on Christians who feel "marginalised" at work.

The proposed 30-second ad for Premier Christian Radio was intended to urge listeners to report their experiences as part of a campaign for "a fairer society".

But a judge ruled today that the Radio Advertising Clearance Centre (RACC) acted lawfully when it banned the ad.

The RACC, which decides whether individual ads meet the radio advertising standards code, said the ad should not be aired because it was "directed to a political end", and broadcasting it would infringe provisions of the 2003 Communications Act that ban political advertising.

The legal challenge was brought by London Christian Radio Ltd, which runs Premier, a national station. It was backed by religious magazine publishers Christian Communications Partnership (CCP).

At a hearing in March their QC, James Dingemans, described the ad as "about the most inoffensive proposed ad one could hope to get".

Mr Dingemans said if the ad was in breach of the 2003 Act, then the relevant sections of the Act should be declared "incompatible" with Article 10 of the European Convention on Human Rights, which protects freedom of expression.

Mr Justice Silber, sitting in London, ruled there was no Article 10 infringement and the RACC decision was both "rational and lawful".

He declared the ad was political - and would contravene the prohibition on political advertising - as it was intended to obtain information in a bid "to try to make changes to society".

Peter Kerridge, chief executive of London Christian Radio and the Premier media group, said the case had raised "important issues of fundamental rights to freedom of expression for Christians to report to us their experience in the workplace."

After today's ruling, Mr Kerridge said the decision seemed to be "wholly reminiscent of a totalitarian state" and an application would be made to appeal to the Court of Appeal.

"The decision represents a direct threat to the democratic right to freedom of speech and we intend to continue the fight through the appeal process.

"It greatly reduces the right of ordinary people to have their say in democratic debate and, regrettably, seems to be wholly reminiscent of a totalitarian state.

"Surely all reasonable and decent people from all walks of life would wish to see a fairer society and to engage in a robust debate as to how that society would look?"

The ad was prepared for broadcast in May 2010 after CCP surveys showed that more than 60% of active Christians considered members of their faith were becoming increasingly marginalised in the workplace.

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A radio station lost its challenge in the High Court today against a ban on an advertisement seeking information on Christians who feel "marginalised" at work. The proposed 30-second ad for Premier...
A radio station lost its challenge in the High Court today against a ban on an advertisement seeking information on Christians who feel "marginalised" at work. The proposed 30-second ad for Premier...
 
 
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adriannicholas1
6 Fans
 
11:41 AM on 04/21/2012
No doubt, 'Jedi warriors' faith followers may occasionally feel marginalized as a larger statistical majority compared to some other 'faiths'.
Will they get financial and legal support for a 'community' advert and radio station?
Seeking professional mental health advice might possibly be more useful.
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Joe Joe P
38 Fans
11:41 AM on 04/21/2012
Funny! If it had been a different religion I suppose thats OK on their own radio stations though!
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Diesel Balaam
40 Fans
11:40 AM on 04/21/2012
Don't be fooled by these Christians whining on about how "marginalised" and "discriminated against they are". What they are really complaining about is losing their traditional privileges over the rest of us (Atheists, Hindus, Humanists, Sikhs, Muslims, Buddhists etc etc), plus the way new laws oblige them to treat gay people with the same dignity and respect as other citizens. They are entitled to their prejudices, just like anyone else, but when we enter the public sphere (i.e. offer goods and services to the public as part of our occupation), we are all duty bound to treat everyone fairly and equally, whatever our private feelings may be. Quite right too, in a poly-cultural democratic society.
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motoroes
10 Fans
11:25 AM on 04/21/2012
The only way society will be fairer is when religion is banned from schools, politics and an age limit of 18 placed on all forms. This way children will not be brainwashed by there parents. I guarantee when a human is exposed to religion at 18 they will just laugh out loud and walk off. We must stop people brainwashing there kids.
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buchanallan
10 Fans
10:27 AM on 04/21/2012
Although most posts are banging on about the Muslims, I am not aware of a Muslim organisation trying to broadcast a similar advert.
In this country, we have equality laws and institutions. If a Christian group has evidence of inequality and persecution, they are as entitled as any other religious/racial group to take this further and should be heard accordingly. If not, the institution should be investigated.
However, by drumming up political unrest, they are no better than the extreme Mullahs, preaching their messages of persecution and hatred. We no longer live in Old Testament times; the Crusades are over; witch-hunting has been abolished. Whether we like it or not, we are a multicultural society and we should all learn to abide by the rules, whatever our ethnic/religious background.
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karen1963yorks
My micro bio was empty. Good.
329 Fans
12:21 PM on 04/21/2012
Scan the airwaves. There are plenty of illegal Islamic stations in Yorkshire and rounfd Manchester. I have no idea what they are saying though.
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buchanallan
10 Fans
01:17 PM on 04/21/2012
Firstly,are they illegal, or is it just that they are talking in Urdu that makes you think so. If you think they are illegal, report them with the frequency they are transmitting on and have them shut down - the police are getting good at listening into everyone else - if they are transmitting things they should not, they should be charged. Petition your councillors and MPs - equality works both ways and there is no reason to go outside the law to redress this. The problem is that the "Brits" like complaining and posturing, but will not stick their necks out to actively do anything to solve this problem.
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majdf18148
I have nothing to declare but my curiosity
248 Fans
10:15 AM on 04/21/2012
Anyone who has ever read my ramblings about so called discrimination against christians will know that I am a christian myself. They will also recall my opinion that much of that "discrimination" is a perception rather than fact and the recent furore about the fish shop sign was indicative of a persecution complex. In this instance I believe the ad should not be banned under any circumstances. I am besieged with cold calls and ads about "my lost PPI claims", my "accident compensation" claims et al. I consider this ad no different in that context. The claim by the judge that the ad is political as it seeks to change society is patent nonsense and I am amazed that such a learned man of the law could be so silly as to suggest that.This ban really does prohibit freedom of speech as the QC declared and is the slippery slope into the abyss of a dictator state. Christians bleating about mundane fish shop signs is one thing, this is at the other end of the spectrum and is frightening in its ramifications!
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DaisyMay123
66 Fans
09:59 AM on 04/21/2012
What was it retired Archbishop Carey was saying last week, this just confirms his statements, we Christians are being marginalised this ruling is an outrage, but if other religions did the same nobody would bad an eyelid, totally unbelievable.
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blujag
25 Fans
08:48 AM on 04/21/2012
Of course they would lose... it's Christrian... had it been a Muslim ad. no problem, it would have been on the radio all day.
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DaisyMay123
66 Fans
10:02 AM on 04/21/2012
Too true it would and as a Christian I am disgusted at this ruling.
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dkellyscotland
64 Fans
04:03 AM on 04/21/2012
Mr Kerridge has picked the wrong time to sound off about this.

One wonders about the fundamental rights to freedom of expression and how much robust debate would be allowed in a society looking as he would like, when just a day ago there was a report about christians complaining about the use of the word cod on a sign advertising a fish and chip shop.
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DaisyMay123
66 Fans
10:06 AM on 04/21/2012
If you read the "Cod saga" article you will clearly see that is was only one person who complained and I as a Christian found it very funny and so did many other Christians, people have the wrong impression about Christians unlike some other religions we do smile and laugh at times and I think if Jesus himself was here he would laugh also.

This latest thing against Christians is the latest in a series of many preventing Christians want to do things and it's all wrong.
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dkellyscotland
64 Fans
05:43 PM on 04/21/2012
That is a bit rich when what christians want to do is prevent others from doing what they want. Take the recent homosexual marriage debase. Just the tip of the tip of the tip of the iceberg of what christians don't approve of.

You can't expect preferential treatment when your lot go screaming about moral corruption and the suchlike. For one thing, your history shows you are hardly the ones to be telling others off about it and for a second, us morally corrupt will probably take offence and become less willing to take your opinions into consideration, not more.

Also, as an aside, you may be interested to know that people of other faiths (and indeed no faith at all) are capable of posessing a sense of humour.
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edmurfin
Old man, on Bonus Time:-)
131 Fans
03:22 AM on 04/21/2012
If any of the so-called "revealed" religions were bona fide commercial organisations, they would have a very difficult time attempting to justify their products under Trading Standards legislation. Their belief in the attributes of the Creator and its purposes is based entirely on hearsay evidence of its 'sacred' scriptures, which purport to be inspired by the Creator. In order to subscribe to their religion's precepts they must abandon the use of their god-given reason in favour of hearsay records of myths, fairy stories and even lies, whether deliberate or unwittingly resulting from the inadequacies of language in translation. In short, they must be gullible to take such unreliable evidence as the truth. Gullibility is not a crime, and thank goodness for that, else a lot of decent well meaning religious people might be unjustly penalised. As someone who would rather use my god-reason without prejudice to truth, I wish them well, but I also wish they would understand that they cannot expect reasoning people to accept everything they claim about their religion as if it were ineluctable.
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TruthSeeker666
60 Fans
10:45 PM on 04/20/2012
Britain, a country that embraces all cultures exept it's own, Britain, a country that invades our countries to take " freedom and democracy " to their lands while at home they silence peoples opinions with mental dictatorship otherwise known as " Political Correctness ".. Christianity is the national religion of Britain but somehow it has become " trendy " to call Christianity nonsense. Christians are being made to feel boring and out of touch when really everyone else are sinners and try to convience themselves that they arent the morally corrupt.
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edmurfin
Old man, on Bonus Time:-)
131 Fans
04:16 AM on 04/21/2012
Although I do not believe that the Christian religion results from the direct or inspired instructions of the Creator, I do defend the right of Christians to follow their religion. Many are decent people, and would be decent whatever religion they followed - regardless of the widespread Christian belief, based on words attributed to Jesus, that non-Christians are destined to an eternity of suffering because 'he who is not for me is against me'.- Matthew 12.30. What people see as 'nonsense' is not the belief in God and the socially useful morality associated with that belief - very few people deny either - but the Church, and it is the Church of which they have many doubts. What many people see as nonsense is the belief, promulgated by the Church claiming divine authority, that only those who believe in Jesus can hope for a happy, post mortem future, a belief that damns for an excruciatingly agonising eternity several billion people, a large number of whom may never even have heard of Jesus. Intelligent, reasoning beings are bound to question that and may well conclude it is nonsense indeed, that could never have come from the Creator but from men. That said, in a genuinely fair society, the Christians would not be singled out for critical attention without a similar critical attention being given to other existing religions. It is unjust that anti-Christian comments are permitted but not hostile comments about other religions.
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TruthSeeker666
60 Fans
09:57 AM on 04/21/2012
I agree how some people would see it that way, however a true believe will not and can not pick and choose which parts of the bible to believe and which parts to ignore, believing in things that you do not fully understand or believe is the definition of " faith ". Also is it not Christian to try and save people from their post mortem fate ?
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jackknill
2 Fans
08:56 PM on 04/20/2012
If this advert is upheld in breaking the code, then all Christian and church advertising would come into the same category. it is the heart of the Christian Gospel to change / transform society. If that end is deemed political then so be it, after all the apostles were charged with turning the worls upside down, and from the jewish authroities perspective, the crucifixion of Jesus was a political expediency. Yet another example of the incresingly secularist fundamentalism that is gripping the legal system and society in general.
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bw2816
0 Fans
08:39 PM on 04/20/2012
*This comment is not viewable in your country due to its political nature*
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EagLeo
15 Fans
07:35 PM on 04/20/2012
""It greatly reduces the right of ordinary people to have their say in democratic debate and, regrettably, seems to be wholly reminiscent of a totalitarian state."

Given the increasing number of high-profile Christian 'workplace' marginalisation / discrimination cases we've been seeing in the UK print and mass media in recent years, I'm surprised a radio ad was ever deemed necessary. Surely most practicing Christians are, by now, savvy enough to know when to call the media if they're feeling marginalised, without having to be 'encouraged' to do so? On the other hand was this simply a cunning and cleverly conceived publicity stunt?
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DaisyMay123
66 Fans
10:12 AM on 04/21/2012
We don't know what the ad was about do we and apparently we never will and I don't really think that Churches need to go to that level, even none Christians will find this wrong and rightfully so.
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HUFFPOST SUPER USER
Fozwords
Abandon hope when you post on here
190 Fans
07:10 PM on 04/20/2012
So we can have plea's in aid of immigrants from all cultures but we, in Great Britain are not allowed to ask if our own christians feel marginalised, are we still in Britain?????
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DaisyMay123
66 Fans
10:13 AM on 04/21/2012
I wonder that myself sometimes Fozwords.
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