David Keighley v The Information Commissioner & Anor

David Keighley v The Information Commissioner & Anor

The Tribunal found that the information requested in parts 1 and 2 was held by the BBC for the purposes of journalism and thus exempt from disclosure under the journalism derogation in FOIA. However, in relation to part 3, the Tribunal determined that the BBC had not initially conducted adequate searches and only provided relevant information after the appeal was lodged. The Tribunal allowed the appeal in relation to part 3, finding that the BBC's compliance was belated and only achieved due to the appeal process.

Parties
Appellant: David Keighley; First Respondent: Information Commissioner; Second Respondent: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
15 December 2022
Procedural Posture
FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Information Rights
Outcome
Appeal allowed in relation to Part 3 of the Request; dismissed in relation to Parts 1 and 2.
Legal Topics
Freedom of Information, Journalism Derogation, Public Authority Obligations, Editorial Complaints, Disclosure of Information
Information Law Administrative Law Freedom of Information Journalism Derogation Public Authority Obligations Editorial Complaints Disclosure of Information

Case Brief

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Parties

David Keighley

Appellant

Information Commissioner

First Respondent

British Broadcasting Corporation

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Information Rights

Legal Issues

  1. 1 Whether information about editorial complaints and related documents held by the BBC falls within the journalism derogation under Part VI of Schedule 1 FOIA and is thus exempt from disclosure.
  2. 2 Whether the BBC held information relevant to the recruitment of Professor Richard Sambrook and whether adequate searches were conducted.

Ratio Decidendi

The Tribunal found that the information requested in parts 1 and 2 was held by the BBC for the purposes of journalism and thus exempt from disclosure under the journalism derogation in FOIA. However, in relation to part 3, the Tribunal determined that the BBC had not initially conducted adequate searches and only provided relevant information after the appeal was lodged. The Tribunal allowed the appeal in relation to part 3, finding that the BBC's compliance was belated and only achieved due to the appeal process.

Court Disposition

Appeal allowed in relation to Part 3 of the Request; dismissed in relation to Parts 1 and 2.

Orders

  • The BBC is to provide all relevant information in its possession responsive to Part 3 of the Appellant's request, subject to lawful redactions.