Richard v British Broadcasting Corporation (BBC) & Anor [2017] EWHC 1291 (Ch) (26 May 2017)

Richard v British Broadcasting Corporation (BBC) & Anor [2017] EWHC 1291 (Ch) (26 May 2017)

The court held that the risk of source identification from answering the claimant's question was very low, and the information sought was of real significance to the claimant's case. The balance of interests, including the procedural right to information for a fair trial and the diminished risk to source confidentiality, came down clearly in favour of requiring the BBC to answer the question.

Citation
[2017] EWHC 1291 (Ch)
Parties
Claimant: Sir Cliff Richard OBE; First Defendant: The British Broadcasting Corporation; Second Defendant: Chief Constable of South Yorkshire Police
Jurisdiction
England and Wales
Judgment Date
26 May 2017
Procedural Posture
Civil (privacy/data Protection) / Interlocutory Application (request for Further Information)
Outcome
Application granted
Legal Topics
Journalistic Source Protection, Disclosure of Information, Balancing of Article 6, 8, And 10 ECHR Rights, Reasonable Expectation of Privacy, Public Interest Defence
Privacy Law Media Law Data Protection Human Rights Journalistic Source Protection Disclosure of Information Balancing of Article 6, 8, and 10 ECHR Rights Reasonable Expectation of Privacy +1 more

Case Brief

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Parties

Sir Cliff Richard OBE

Claimant

The British Broadcasting Corporation

First Defendant

Chief Constable of South Yorkshire Police

Second Defendant

Procedural Posture

Civil (privacy/data Protection) / Interlocutory Application (request for Further Information)

Legal Issues

  1. 1 Whether the BBC must answer a question about the nature of a journalistic source in the context of privacy and data protection proceedings
  2. 2 Whether compelling such an answer would risk disclosure of the source and engage Article 10 ECHR and section 10 Contempt of Court Act 1981
  3. 3 How to balance the claimant's rights to information for a fair trial and privacy vindication against the journalist's right to protect sources

Ratio Decidendi

The court held that the risk of source identification from answering the claimant's question was very low, and the information sought was of real significance to the claimant's case. The balance of interests, including the procedural right to information for a fair trial and the diminished risk to source confidentiality, came down clearly in favour of requiring the BBC to answer the question.

Court Disposition

Application granted

Orders

  • The BBC must provide a proper answer to the claimant's question regarding the nature of Mr Johnson's source.