Matias Rath BV & Anor, R (on the application of) v Independent Reviewer Of Advertising Standards Authority Ltd & Anor [2000] EWHC Admin 428 (6 December 2000)

Matias Rath BV & Anor, R (on the application of) v Independent Reviewer Of Advertising Standards Authority Ltd & Anor [2000] EWHC Admin 428 (6 December 2000)

The ASA Code is 'prescribed by law' for Article 10(2) ECHR purposes due to its statutory underpinning and accessibility. The Independent Reviewer acted within his discretion and gave sufficient reasons. The claimants' rights under Article 10 were not infringed by publication, and there were no grounds for prior restraint or permission for judicial review.

Citation
[2000] EWHC Admin 428
Parties
Claimant: First Claimant (not named); Claimant: Second Claimant (not named); First Defendant: Advertising Standards Authority (ASA); Second Defendant: Independent Reviewer (not named)
Jurisdiction
England and Wales
Judgment Date
06 December 2000
Procedural Posture
Judicial Review / Application for Permission for Judicial Review and Prior Restraint
Outcome
Permission for judicial review refused; application for prior restraint refused.
Legal Topics
Judicial Review, Freedom of Expression, Advertising Regulation, Procedural Fairness, Prior Restraint
Administrative Law Human Rights Law Media and Communications Law Judicial Review Freedom of Expression Advertising Regulation Procedural Fairness Prior Restraint

Case Brief

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Parties

First Claimant (not named)

Claimant

Second Claimant (not named)

Claimant

Advertising Standards Authority (ASA)

First Defendant

Independent Reviewer (not named)

Second Defendant

Procedural Posture

Judicial Review / Application for Permission for Judicial Review and Prior Restraint

Legal Issues

  1. 1 Whether the ASA's decision to publish an adjudication and the Independent Reviewer's refusal to reconsider were amenable to judicial review
  2. 2 Whether publication of the adjudication infringed the claimants' rights under Article 10 ECHR (freedom of expression)
  3. 3 Whether the ASA Code is 'prescribed by law' for the purposes of Article 10(2) ECHR

Ratio Decidendi

The ASA Code is 'prescribed by law' for Article 10(2) ECHR purposes due to its statutory underpinning and accessibility. The Independent Reviewer acted within his discretion and gave sufficient reasons. The claimants' rights under Article 10 were not infringed by publication, and there were no grounds for prior restraint or permission for judicial review.

Court Disposition

Permission for judicial review refused; application for prior restraint refused.