WFZ v The BBC

WFZ v The BBC

Publication by the BBC identifying the claimant as the subject of ongoing criminal investigation would create a substantial and manifest risk of seriously impeding or prejudicing the course of justice in active criminal proceedings, amounting to contempt of court. The claimant has a reasonable expectation of privacy, and the public interest in criminal justice outweighs the BBC's freedom of expression at this stage. Interim injunctive relief is granted to restrain publication until charging decisions are made.

Parties
Claimant: WFZ; Defendant: The British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Application for Interim Injunctive Relief / Interlocutory Judgment
Outcome
Application granted
Legal Topics
Interim Injunctions, Misuse of Private Information, Contempt of Court, Freedom of Expression, Right to Fair Trial, Reporting Restrictions, Public Interest, Anonymity Orders
Media Law Privacy Law Criminal Law Human Rights Law Interim Injunctions Misuse of Private Information Contempt of Court Freedom of Expression +4 more

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Parties

WFZ

Claimant

The British Broadcasting Corporation

Defendant

Procedural Posture

Application for Interim Injunctive Relief / Interlocutory Judgment

Legal Issues

  1. 1 Whether publication by the BBC identifying the claimant as subject of criminal investigation would constitute misuse of private information
  2. 2 Whether such publication would amount to contempt of court by creating a substantial risk to the course of justice
  3. 3 Whether publication would unjustifiably interfere with the claimant's right to a fair criminal trial under Article 6 ECHR

Ratio Decidendi

Publication by the BBC identifying the claimant as the subject of ongoing criminal investigation would create a substantial and manifest risk of seriously impeding or prejudicing the course of justice in active criminal proceedings, amounting to contempt of court. The claimant has a reasonable expectation of privacy, and the public interest in criminal justice outweighs the BBC's freedom of expression at this stage. Interim injunctive relief is granted to restrain publication until charging decisions are made.

Court Disposition

Application granted

Orders

  • Interim injunction restraining the BBC from publishing information identifying the claimant as subject of active criminal proceedings until trial or charging decision
  • BBC may publish its report without identifying the claimant or await charging decisions