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"38. However, the principle of 'Strict Scrutiny' or
'proportionality' and primary review came to be
explained in R v. Secretary of State for the Home
Department, ex. P. Brind, (1991) 1 A.C. 696. That
case related to directions given by the Home
Secretary under the Broadcasting Act, 1981
requiring BBC and IBA to refrain from broadcasting
certain matters through persons who represented
organisations which were prescribed under
legislation concerning the prevention of terrorism.
The extent of prohibition was linked with the direct
statement made by the members of the
organisations. It did not however, for example,
preclude the broadcasting by such persons through
the medium of a film, provided there was a 'voice-
over' account, paraphrasing that they said. The
applicant's claim was based directly on the
European Convention of Human Rights. Lord Bridge
noticed that the Convention rights were not still
expressly engrafted into English Law but stated that
freedom of expression was basic to the Common
WP/6570/2015
Law and that, even in the absence of the
Convention, English Courts could go into the
question (See p. 748-749).