British Broadcasting Corp, R (on the application of) v Broadcasting Standards Commission [2000] EWCA Civ 116 (6 April 2000)

British Broadcasting Corp, R (on the application of) v Broadcasting Standards Commission [2000] EWCA Civ 116 (6 April 2000)

A company can be the subject of a complaint of unwarranted interference with its privacy under the Broadcasting Act 1996, and the BSC acted within its discretion in finding that secret filming in Dixons' stores constituted an unwarranted infringement of Dixons' privacy. The Act's language and purpose support an expanded reading of privacy to include corporate entities for the purposes of broadcasting standards, and the courts should not interfere with the BSC's judgment in this area unless it acts outside its statutory remit.

Citation
[2000] EWCA Civ 116
Parties
Appellant: BBC; Respondent: Broadcasting Standards Commission (BSC); Complainant: DSG Retail Limited (Dixons); Intervener: Liberty
Jurisdiction
England and Wales
Judgment Date
06 April 2000
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Broadcasting Standards, Right to Privacy, Corporate Rights, Judicial Review, Interpretation of Statutes
Media Law Administrative Law Human Rights Broadcasting Standards Right to Privacy Corporate Rights Judicial Review Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

BBC

Appellant

Broadcasting Standards Commission (BSC)

Respondent

DSG Retail Limited (Dixons)

Complainant

Liberty

Intervener

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a company can be the subject of a complaint of unwarranted interference with its privacy under the Broadcasting Act 1996
  2. 2 Whether secret filming in a place to which the public has access can amount to an infringement of privacy unless what is filmed itself has a private element

Ratio Decidendi

A company can be the subject of a complaint of unwarranted interference with its privacy under the Broadcasting Act 1996, and the BSC acted within its discretion in finding that secret filming in Dixons' stores constituted an unwarranted infringement of Dixons' privacy. The Act's language and purpose support an expanded reading of privacy to include corporate entities for the purposes of broadcasting standards, and the courts should not interfere with the BSC's judgment in this area unless it acts outside its statutory remit.

Court Disposition

Appeal allowed

Orders

  • Adjudication of the Broadcasting Standards Commission restored
  • Costs awarded to the appellant