Page 309 - Law and the Media

Law and the Media
19.2.4 When does the HRA take effect?

In general, the HRA applies to any acts committed after the relevant provisions of the
legislation came into force on 2 October 2000.

However, Section 22(4) HRA has introduced an element of retrospectivity. A defendant to
proceedings brought by a public authority can rely on a Convention right even though the act
in question took place before the HRA itself came into force. In this context, proceedings
brought by a public authority will include an appeal by either party in such proceedings.

19.2.5 Who can bring a claim under the HRA?

Section 7(1) HRA allows proceedings against a public authority only by a ‘victim’ as defined
by the Convention (Section 7(7) HRA), even for the purposes of judicial review (Section 7(3)
HRA).

‘Victim’ is defined in Article 34 of the Convention as:

. . . any person, non governmental organization or group of individuals claiming to
be the victim of a violation.

It is uncertain whether local authorities or public bodies such as the BBC will be able to
establish they are victims for the purposes of bringing proceedings under the HRA.

The provisions of Section 7 HRA mean that:

Companies have human rights, although perhaps not in areas such as liberty or
freedom of conscience where a company has no interest to be infringed
A victim must show he is personally affected by Convention rights – this may
include potential victims or an indirect victim, but not a pressure group.

19.2.6 How can a claim be brought?

Under Section 7(1) HRA a ‘victim’ claiming a public authority has acted unlawfully under
Section 6(1) HRA may:

Bring proceedings in the appropriate court or tribunal, and
Rely on Convention rights in any proceedings.

The policy under the HRA is to avoid procedural technicalities. The proposed rules of court
under the HRA do not seek to place procedural limits on claims.
272