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The European Convention on Human Rights (ECHR), established under Winston Churchill's leadership and influenced by the lessons of World War II, was designed to shield individuals from government overreach. It allows individuals, after exhausting domestic remedies, to bring cases before the European Court of Human Rights. If successful, the Council of Europe acts to rectify the violation. Different countries respond variably to court rulings: the UK adapts laws relatively swiftly, while France lags with outstanding amendments.
The ECHR holds states accountable not only for direct violations by "pure public authorities" (e.g., government departments, police) but also for breaches by private organizations performing public functions. A private entity may be deemed a "functional" public authority if:
It operates closely with or under delegation from a state body, exercises statutory powers of a public nature, or wields coercive powers devolved by the state.
However, broader factors such as public funding, regulatory oversight, or a public interest focus typically do not independently establish public authority status, though they may contribute cumulatively. The precise definition of "public authority" remains unsettled, awaiting further clarification by the courts.
The Jersey Evening Post ("JEP") performs many public functions, indeed if not for significant subsidies from the States assembly in the form not only of direct advertising, but in shouldering the cost of journalists through the Chief Minister's department. The shift of the cost of running the JEP from the private sector to the public took place during Frank Walker's reign as Chief Minister. That he was able to sell the JEP at a profit following the changes is just one example of conduct which might be subject to scrutiny in the future.
