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SNP wins a major victory in Radio Freedom case

The Court of Appeal today delivered its judgement on the SNP Radio Freedom case. As a whole, the ruling is a major victory for the SNP in its fight for freedom of expression and fair access to state media. Although the ruling dismissed the appeal, it ruled that the amendment to the Broadcasting Act was not valid until the state had assured equal access to existing media.

The matter before the Court was the SNP’s challenge of the amendment to the Broadcasting Act passed on October 3, 2006, which barred political parties and religious organisations from obtaining radio broadcasting licences. The Constitutional Court had dismissed the SNP petition for the law to be declared unconstitutional. It was this decision that the SNP had taken to the Court of Appeal.

The Court of Appeal has not overturned the Constitutional Court decision as such, but it has strongly affirmed the SNP’s right of access to the SBC and other state media. It has called on the Government to ensure that this is fulfilled.

The Court ruled that the state could restrict the right of political parties to broadcasting licences because the political parties had other means to exercise their right to freedom of expression. But, it declared that the State had a duty to ensure that there was equal access to existing media. On that basis, it declared that the Amendment to the Broadcasting Act passed in 2006, which was being contested by SNP, was not valid until the right of access had been fulfilled.

The Court of Appeal also threw out one of the main arguments of the Attorney-General against granting licences. This was the argument that no radio licence could be given to the SNPbecause of the lack of space on the broadcasting spectrum, which could only accommodate a limited number of broadcasters. The Court found this to be not a valid argument for denying a licence.

In short, the Court has said that SNP cannot have a radio station of its own but it must have access to SBC. This is the bottom line of what the SNP has been fighting for all along.

Source: Regar 8-13-10