Richard v The British Broadcasting Corporation (BBC) & Anor [2018] EWHC 1837 (Ch) (18 July 2018)

Richard v The British Broadcasting Corporation (BBC) & Anor [2018] EWHC 1837 (Ch) (18 July 2018)

The BBC's broadcast of the police search of Sir Cliff Richard's home, including naming him as the subject of investigation, constituted a serious infringement of his privacy rights. There was no sufficient public interest to justify the intrusion, and the BBC's actions were not proportionate. South Yorkshire Police's disclosure of information to the BBC was also unlawful. Damages were awarded for the misuse of private information and breach of data protection rights.

Citation
[2018] EWHC 1837 (Ch)
Parties
Claimant: Sir Cliff Richard OBE; First Defendant: The British Broadcasting Corporation; Second Defendant: The Chief Constable of South Yorkshire Police
Jurisdiction
England and Wales
Judgment Date
18 July 2018
Procedural Posture
Civil Claim (privacy, Data Protection, Damages) / High Court Judgment After Trial
Outcome
Claim allowed in part against the BBC; damages awarded. South Yorkshire Police settled liability earlier.
Legal Topics
Misuse of Private Information, Breach of Confidence, Data Protection Act 1998, Damages for Privacy Infringement, Media Reporting of Police Investigations
Privacy Law Media Law Data Protection Misuse of Private Information Breach of Confidence Data Protection Act 1998 Damages for Privacy Infringement Media Reporting of Police Investigations

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Parties

Sir Cliff Richard OBE

Claimant

The British Broadcasting Corporation

First Defendant

The Chief Constable of South Yorkshire Police

Second Defendant

Procedural Posture

Civil Claim (privacy, Data Protection, Damages) / High Court Judgment After Trial

Legal Issues

  1. 1 Whether the BBC's reporting of the police search of Sir Cliff Richard's home constituted a misuse of private information and/or breach of the Data Protection Act 1998
  2. 2 Whether South Yorkshire Police unlawfully disclosed information to the BBC
  3. 3 Assessment of damages for privacy infringement

Ratio Decidendi

The BBC's broadcast of the police search of Sir Cliff Richard's home, including naming him as the subject of investigation, constituted a serious infringement of his privacy rights. There was no sufficient public interest to justify the intrusion, and the BBC's actions were not proportionate. South Yorkshire Police's disclosure of information to the BBC was also unlawful. Damages were awarded for the misuse of private information and breach of data protection rights.

Court Disposition

Claim allowed in part against the BBC; damages awarded. South Yorkshire Police settled liability earlier.

Orders

  • The BBC to pay general and aggravated damages to Sir Cliff Richard.
  • The BBC to pay Sir Cliff Richard's legal costs.