Her Majesty's Attorney General for England and Wales v British Broadcasting Corporation [2022] EWHC 826 (QB) (07 April 2022)

Her Majesty's Attorney General for England and Wales v British Broadcasting Corporation [2022] EWHC 826 (QB) (07 April 2022)

The court held that the Attorney General had established, on the evidence (including closed material), that publication of X's identity would expose him to a real and immediate risk of death or serious injury and would cause wider damage to national security. The public interest in disclosure, while weighty, did not outweigh the risks to X and to national security. The Attorney was therefore likely to succeed at trial in restraining publication. An interim injunction was granted to prevent the BBC from publishing X's identity.

Citation
[2022] EWHC 826 (QB)
Parties
Claimant: HER MAJESTY'S ATTORNEY GENERAL for ENGLAND and WALES; Defendant: BRITISH BROADCASTING CORPORATION
Jurisdiction
England and Wales
Judgment Date
07 April 2022
Procedural Posture
Interim Injunction Application (civil) / Interim Relief (pre Trial)
Outcome
Interim injunction granted restraining publication of X's identity.
Legal Topics
Interim Injunctions, Freedom of Expression, Breach of Confidence, Article 2 ECHR, Article 3 ECHR, Article 8 ECHR, Article 10 ECHR, National Security, Closed Material Procedures, Public Interest Defence
Media Law Human Rights Law Confidentiality Law National Security Law Interim Injunctions Freedom of Expression Breach of Confidence Article 2 ECHR +6 more

Case Brief

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Parties

HER MAJESTY'S ATTORNEY GENERAL for ENGLAND and WALES

Claimant

BRITISH BROADCASTING CORPORATION

Defendant

Procedural Posture

Interim Injunction Application (civil) / Interim Relief (pre Trial)

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain the BBC from publishing the identity of X as a CHIS for MI5.
  2. 2 Whether publication would breach confidence and/or endanger national security or X's rights under Articles 2, 3, or 8 ECHR.
  3. 3 Whether the public interest in disclosure outweighs the interests in confidentiality and national security.

Ratio Decidendi

The court held that the Attorney General had established, on the evidence (including closed material), that publication of X's identity would expose him to a real and immediate risk of death or serious injury and would cause wider damage to national security. The public interest in disclosure, while weighty, did not outweigh the risks to X and to national security. The Attorney was therefore likely to succeed at trial in restraining publication. An interim injunction was granted to prevent the BBC from publishing X's identity.

Court Disposition

Interim injunction granted restraining publication of X's identity.

Orders

  • The BBC is restrained from publishing X's name or image or any information likely to identify X as a CHIS for MI5 pending trial.