Blackman, R. v

Blackman, R. v

The overwhelming evidence demonstrated that release of the three video clips would significantly endanger lives by providing material for terrorist propaganda and radicalisation; thus, the balance between open justice and media rights under Article 10 ECHR and public safety lay against disclosure.

Parties
Respondent: Regina; Appellant: Alexander Wayne Blackman; Interested Parties: BBC, ITN, Times Newspapers Limited, British Sky Broadcasting, Guardian News and Media; Interested Party: Associated Newspapers Ltd; Interested Party: The Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
28 March 2017
Procedural Posture
Criminal Appeal (media Application) / Ruling on Media Application for Release of Video Evidence
Outcome
Application refused
Legal Topics
Open Justice, Article 2 ECHR (right to Life), Article 10 ECHR (freedom of Expression), Reporting Restrictions, Disclosure of Evidence
Criminal Law Media Law Human Rights Open Justice Article 2 ECHR (right to Life) Article 10 ECHR (freedom of Expression) Reporting Restrictions Disclosure of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Alexander Wayne Blackman

Appellant

BBC, ITN, Times Newspapers Limited, British Sky Broadcasting, Guardian News and Media

Interested Parties

Associated Newspapers Ltd

Interested Party

The Ministry of Defence

Interested Party

Procedural Posture

Criminal Appeal (media Application) / Ruling on Media Application for Release of Video Evidence

Legal Issues

  1. 1 Whether the court should order release of three video clips to the media for public broadcast
  2. 2 Whether release would create a real and immediate risk to life under Article 2 ECHR
  3. 3 How to balance open justice and media rights under Article 10 ECHR against public safety

Ratio Decidendi

The overwhelming evidence demonstrated that release of the three video clips would significantly endanger lives by providing material for terrorist propaganda and radicalisation; thus, the balance between open justice and media rights under Article 10 ECHR and public safety lay against disclosure.

Court Disposition

Application refused

Orders

  • Refusal of media application for release of three video clips
  • Reporting restrictions imposed during directions and application hearings, later lifted at outset of appeal hearing