BKM Ltd v British Broadcasting Corporation

BKM Ltd v British Broadcasting Corporation

The application for an interim injunction was refused because, on the evidence, the public interest in broadcasting the material (with steps taken to prevent identification of residents) outweighed the relatively slight invasion of privacy, and the claimant had not shown that it was likely to obtain a final injunction at trial as required by section 12(3) of the Human Rights Act 1998.

Parties
Claimant: BKM Limited; Defendant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
02 December 2009
Procedural Posture
Civil / Interim Application for Injunction
Outcome
Interim injunction refused
Legal Topics
Interim Injunction, Clandestine Filming, Article 8 ECHR, Article 10 ECHR, Freedom of Expression, Right to Privacy, Public Interest, Editorial Discretion
Media Law Human Rights Law Privacy Law Interim Injunction Clandestine Filming Article 8 ECHR Article 10 ECHR Freedom of Expression +3 more

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Parties

BKM Limited

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

Civil / Interim Application for Injunction

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain the broadcast of a BBC programme containing clandestinely filmed material from a care home, on the grounds of residents' privacy rights under Article 8 ECHR, balanced against the BBC's Article 10 rights to freedom of expression.

Ratio Decidendi

The application for an interim injunction was refused because, on the evidence, the public interest in broadcasting the material (with steps taken to prevent identification of residents) outweighed the relatively slight invasion of privacy, and the claimant had not shown that it was likely to obtain a final injunction at trial as required by section 12(3) of the Human Rights Act 1998.

Court Disposition

Interim injunction refused