British Broadcasting Corporation v Sugar & Anor

British Broadcasting Corporation v Sugar & Anor

The statutory language in Schedule 1, Part VI of the Freedom of Information Act 2000 does not support a 'predominant purpose' test; information is exempt from disclosure if it is held to any significant extent for the purposes of journalism, art or literature, regardless of whether it is also held for other purposes. The Tribunal erred in law by applying the predominant purpose test and by adopting an unduly narrow definition of journalism.

Parties
Appellant: British Broadcasting Corporation; First Respondent: Steven Sugar; Second Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
02 October 2009
Procedural Posture
Statutory Appeal Under the Freedom of Information Act 2000 / High Court Appeal From Information Tribunal
Outcome
Appeal allowed; Tribunal's decision quashed; Commissioner's decision restored.
Legal Topics
Freedom of Information, Statutory Interpretation, Public Authority Disclosure, Journalism Exemption
Administrative Law Information Law Freedom of Information Statutory Interpretation Public Authority Disclosure Journalism Exemption

Case Brief

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Parties

British Broadcasting Corporation

Appellant

Steven Sugar

First Respondent

The Information Commissioner

Second Respondent

Procedural Posture

Statutory Appeal Under the Freedom of Information Act 2000 / High Court Appeal From Information Tribunal

Legal Issues

  1. 1 Whether the Balen Report held by the BBC was subject to disclosure under the Freedom of Information Act 2000
  2. 2 Proper interpretation of 'information held for purposes other than those of journalism, art or literature' in Schedule 1, Part VI of the Act

Ratio Decidendi

The statutory language in Schedule 1, Part VI of the Freedom of Information Act 2000 does not support a 'predominant purpose' test; information is exempt from disclosure if it is held to any significant extent for the purposes of journalism, art or literature, regardless of whether it is also held for other purposes. The Tribunal erred in law by applying the predominant purpose test and by adopting an unduly narrow definition of journalism.

Court Disposition

Appeal allowed; Tribunal's decision quashed; Commissioner's decision restored.

Orders

  • The decision of the Information Tribunal is quashed.
  • The decision of the Information Commissioner is restored, confirming that the Balen Report is exempt from disclosure under the Freedom of Information Act 2000.