Judges accuse BBC of censorship

Television companies were today accused of censorship over their refusal to screen in full a party political broadcast containing "shocking" images of abortion operations.

The Court of Appeal decided that the BBC and the independent channels had acted illegally in refusing to screen part of a broadcast by the ProLife Alliance which campaigns against abortion.

The TV companies, including ITV and Channel4, took the decision on the grounds of "decency and good taste".

But Lord Justice Laws accused them of an act of censorship, even though he said: "I have well in mind that the broadcasters do not at all accept that their decision should be so categorised."

He added: "Maybe the feathers of their liberal credentials are ruffled at the word's overtones; maybe there is an implicit plea for the comfort of a euphemism, however this court must, and I hope the broadcasters will, recognise unblinking that censorship is exactly what this case is about."

The judge emphasised that "this case is about the censorship of political speech" and his duty to protect and enhance the democratic process. He continued: "It is difficult to think of a context in which the claims of free expression are more pressing."

The judge said he had no authority to voice an opinion on the merits of ProLife's stance on abortion but was being asked to decide what legal constraints could be applied on a registered political party's choice of content in its election broadcast.

ProLife qualify for the right in law to have a party political broadcast because they plan to field the requisite number of candidates at the next election.

Quoting from ProLife's own facts relating to abortion, he said: "Each year approximately 200,000 abortionsare carried out in the United Kingdom, some 70 per cent of them funded by the taxpayer."

ProLife submitted three versions of the political broadcast which were rejected by all television companies - a fourth version with no visual images was accepted and transmitted.

The first "shows the products of a suction abortion: tiny limbs, bloodied and dismembered, a separated head, their human shape and form plainly recognisable," the court heard. Lord Justice Laws said he had seen them and what he described as images which were "certainly disturbing to any person of ordinary sensibilities" but not "sensationalised".

Outside court Anne Sloman, chief political adviser to the BBC, said: "We are very concerned about the effects of this decision. This means that viewers may be subjected to material that will cause widespread and gross offence." She said the BBC plan to appeal to the House of Lords."

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