A v British Broadcasting Corporation

A v British Broadcasting Corporation

The court has an inherent common law power to make exceptions to open justice, including anonymity orders, where necessary in the interests of justice or to protect Convention rights. The section 11 order restricting publication of A’s identity was necessary to protect A’s Article 3 rights and to maintain the integrity of the judicial review proceedings. The procedure followed, including the opportunity for the BBC to seek recall of the order, was fair and compatible with Article 10 ECHR and the Human Rights Act 1998. The appeal is dismissed.

Parties
Respondent: A; Appellant: British Broadcasting Corporation; Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
08 May 2014
Procedural Posture
Appeal / Judgment on Appeal From the Inner House of the Court of Session
Outcome
Appeal dismissed
Legal Topics
Open Justice, Anonymity Orders, Freedom of Expression, Article 10 ECHR, Article 3 ECHR, Article 8 ECHR, Contempt of Court, Judicial Review, Reporting Restrictions
Constitutional Law Human Rights Law Media Law Administrative Law Open Justice Anonymity Orders Freedom of Expression Article 10 ECHR +5 more

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Parties

A

Respondent

British Broadcasting Corporation

Appellant

Secretary of State for the Home Department

Intervener

Procedural Posture

Appeal / Judgment on Appeal From the Inner House of the Court of Session

Legal Issues

  1. 1 Whether the court has a common law power to protect the anonymity of a party where Convention rights are engaged
  2. 2 Whether the court acted compatibly with the BBC’s Article 10 ECHR rights in making the anonymity order
  3. 3 Whether section 12 of the Human Rights Act 1998 required the BBC to be notified and given an opportunity to make representations before the order was made

Ratio Decidendi

The court has an inherent common law power to make exceptions to open justice, including anonymity orders, where necessary in the interests of justice or to protect Convention rights. The section 11 order restricting publication of A’s identity was necessary to protect A’s Article 3 rights and to maintain the integrity of the judicial review proceedings. The procedure followed, including the opportunity for the BBC to seek recall of the order, was fair and compatible with Article 10 ECHR and the Human Rights Act 1998. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The anonymity order prohibiting publication of A’s identity or identifying details remains in place.
  • No one shall publish or reveal the name of the respondent or any information likely to lead to identification in connection with these proceedings.