David Keighley v The Information Commissioner & Anor

David Keighley v The Information Commissioner & Anor

The Tribunal correctly found that the information requested was held for the purposes of journalism within the meaning of the FOIA derogation, applying the correct legal test from Sugar. There was a sufficiently direct link between the information and the BBC's journalistic activities, and no evidence that the information had become purely archival by the relevant date. The appeal was therefore dismissed.

Parties
Appellant: David Keighley; First Respondent: Information Commissioner; Second Respondent: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
06 September 2023
Procedural Posture
Appeal / Upper Tribunal Determination of Appeal From First Tier Tribunal (information Rights)
Outcome
appeal dismissed
Legal Topics
Freedom of Information Act 2000, Journalism Derogation, Public Authority Disclosure, Archival Material, Scope of Judicial Review
Information Law Administrative Law Media Law Freedom of Information Act 2000 Journalism Derogation Public Authority Disclosure Archival Material Scope of Judicial Review

Case Brief

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Parties

David Keighley

Appellant

Information Commissioner

First Respondent

British Broadcasting Corporation

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Determination of Appeal From First Tier Tribunal (information Rights)

Legal Issues

  1. 1 Whether the information requested from the BBC was held for the purposes of journalism, art or literature and thus excluded from disclosure under the Freedom of Information Act 2000 (FOIA)
  2. 2 Whether the First-tier Tribunal applied the correct legal test for the journalism derogation as set out in Sugar v BBC
  3. 3 Whether the passage of time rendered the requested information archival and thus subject to disclosure

Ratio Decidendi

The Tribunal correctly found that the information requested was held for the purposes of journalism within the meaning of the FOIA derogation, applying the correct legal test from Sugar. There was a sufficiently direct link between the information and the BBC's journalistic activities, and no evidence that the information had become purely archival by the relevant date. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • The decision of the First-tier Tribunal is upheld; the appeal is dismissed.