British Broadcasting Corporation v Cardiff Council & Ors [2024] EWCOP 50 (T3) (30 August 2024)

British Broadcasting Corporation v Cardiff Council & Ors [2024] EWCOP 50 (T3) (30 August 2024)

MC's Article 8 rights to privacy and protection as a vulnerable adult outweigh the BBC's Article 10 rights to freedom of expression and public interest. The evidence of MC's vulnerability and the risk of destabilising his therapeutic progress are qualitatively greater than the competing interests. The application to vary/discharge the Transparency Order is dismissed.

Citation
[2024] EWCOP 50
Parties
Applicant: The British Broadcasting Corporation; First Respondent: Cardiff Council; Second Respondent: MC (By his Litigation Friend); Third Respondent: CD; Fourth Respondent: Cardiff and Vale University Health Board; Fifth Respondent: Swansea Bay University Health Board
Jurisdiction
England and Wales
Judgment Date
30 August 2024
Procedural Posture
Court of Protection Application / Application for Variation/discharge of Transparency Order
Outcome
Application dismissed
Legal Topics
Transparency Order, Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Freedom of Expression, Privacy, Vulnerable Adults
Human Rights Mental Health Media Law Court of Protection Transparency Order Reporting Restrictions Article 8 ECHR Article 10 ECHR +3 more

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Parties

The British Broadcasting Corporation

Applicant

Cardiff Council

First Respondent

MC (By his Litigation Friend)

Second Respondent

CD

Third Respondent

Cardiff and Vale University Health Board

Fourth Respondent

Swansea Bay University Health Board

Fifth Respondent

Procedural Posture

Court of Protection Application / Application for Variation/discharge of Transparency Order

Legal Issues

  1. 1 Whether the Transparency Order should be varied or discharged to permit identification of MC and others in a BBC documentary
  2. 2 Balancing Article 8 (privacy) and Article 10 (freedom of expression) rights
  3. 3 Potential impact of media exposure on MC's welfare and therapeutic progress

Ratio Decidendi

MC's Article 8 rights to privacy and protection as a vulnerable adult outweigh the BBC's Article 10 rights to freedom of expression and public interest. The evidence of MC's vulnerability and the risk of destabilising his therapeutic progress are qualitatively greater than the competing interests. The application to vary/discharge the Transparency Order is dismissed.

Court Disposition

Application dismissed

Orders

  • The application to vary or discharge paragraphs 6(i)(a), (b) and 6(ii) of the Transparency Order is refused.
  • The existing Transparency Order remains in force.