Richard v The British Broadcasting Corporation (BBC) & Anor

Richard v The British Broadcasting Corporation (BBC) & Anor

Sir Cliff Richard had a reasonable expectation of privacy in the fact of the police investigation and search. The BBC's reporting, including naming him and broadcasting footage of the search, was a serious infringement of his privacy rights and was not justified by the BBC's Article 10 rights. The public interest in reporting the investigation did not outweigh the seriousness of the invasion. The BBC is liable to pay general and aggravated damages. SYP is also liable, but the BBC bears the greater share of responsibility. Contribution is apportioned 65% BBC, 35% SYP. Certain special damages are recoverable in principle.

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 Privacy, Data Protection, Contribution / Judgment After Trial on Liability and Damages
Outcome
Claim allowed. Judgment for the claimant.
Legal Topics
Reasonable Expectation of Privacy, Freedom of Expression (article 10 Echr), Balancing Article 8 and Article 10, Damages for Misuse of Private Information, Contribution Between Tortfeasors
Privacy Law Media Law Tort Law Human Rights Reasonable Expectation of Privacy Freedom of Expression (article 10 Echr) Balancing Article 8 and Article 10 Damages for Misuse of Private Information +1 more

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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 Privacy, Data Protection, Contribution / Judgment After Trial on Liability and Damages

Legal Issues

  1. 1 Did Sir Cliff Richard have a reasonable expectation of privacy in the fact of the police investigation and search?
  2. 2 Did the BBC's publication of the investigation and search infringe Sir Cliff's privacy rights?
  3. 3 Was the BBC's publication justified by Article 10 (freedom of expression)?

Ratio Decidendi

Sir Cliff Richard had a reasonable expectation of privacy in the fact of the police investigation and search. The BBC's reporting, including naming him and broadcasting footage of the search, was a serious infringement of his privacy rights and was not justified by the BBC's Article 10 rights. The public interest in reporting the investigation did not outweigh the seriousness of the invasion. The BBC is liable to pay general and aggravated damages. SYP is also liable, but the BBC bears the greater share of responsibility. Contribution is apportioned 65% BBC, 35% SYP. Certain special damages are recoverable in principle.

Court Disposition

Claim allowed. Judgment for the claimant.

Orders

  • The BBC shall pay Sir Cliff Richard general and aggravated damages of £210,000.
  • BBC and SYP are jointly and severally liable for damages, apportioned 65% BBC, 35% SYP (excluding aggravated damages).