header-logo header-logo

Boris in bus-ad ban storm

29 January 2014
Issue: 7592 / Categories: Legal News
printer mail-detail

Questions over Mayor’s link to TfL’s ban of controversial bus advert

The Court of Appeal has ordered the High Court to investigate whether the Mayor of London intervened to pull controversial gay-“cure” bus adverts.

The proposed adverts, by Christian charity The Core Issues Trust read “Not Gay! Ex-Gay, Post-Gay and Proud, Get Over It”, and were intended as a response to the Stonewall bus adverts, “Some people are gay. Get over it!”

The charity, which supports those who want to “cure” their homosexuality, accused Mayor Boris Johnson of intervening in the decision for political reasons, which would make the decision unlawful. Johnson was due to speak at a hustings organised by gay rights group Stonewall on the day the adverts were blocked. The High Court upheld the ban.

However, Lord Dyson, in the Court of Appeal, pointed to new evidence of an e-mail which “unequivocally” states the Mayor had “instructed” Transport for London (TfL) to ban the advert, and shows the Mayor’s aides immediately contacted The Guardian newspaper. TfL said it had taken the decision to ban the adverts, regardless.

Lord Dyson, giving his decision in R (Core Issues Trust) v TfL [2014] EWCA Civ 34, said: “This is a very unsatisfactory state of affairs.”

However, he said TfL were entitled to ban the adverts. “The restrictions are justified in view of the prominence of the advertisements and the fact that they would be seen by, and cause offence to, large numbers of the public in central London,” he said.

“Moreover, for those who are gay, the advertisements would be liable to interfere with the right to respect for their private life under Art 8(1).”

He said that to allow the adverts would “involve a breach of [TfL’s] duty to have due regard to the s 149(1) [of the Equality Act] considerations and encourage homophobia and put homosexuals at risk”.

 

Issue: 7592 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll