AB v British Broadcasting Corporation [2015] NIQB 86 (21 September 2015)

AB v British Broadcasting Corporation [2015] NIQB 86 (21 September 2015)

The plaintiff has not satisfied the court at this interim stage that she is likely to establish at trial that publication should not be allowed. The balance of rights under Articles 8 and 10 ECHR, the public interest in the subject matter, and the statutory test under section 12(3) Human Rights Act 1998 all favour publication. The interim injunction restraining the BBC is discharged, but the plaintiff is to be given access to the broadcast version of the video and an opportunity to respond before broadcast. The second defendant is restrained from publishing any part of the video pending further order.

Citation
[2015] NIQB 86
Parties
Plaintiff: ABC; First Defendant: British Broadcasting Corporation; Second Defendant: John Patrick Conway
Jurisdiction
Northern Ireland
Judgment Date
21 September 2015
Procedural Posture
Application for Interim Injunction / Interim Relief Application Prior to Trial
Outcome
Interim injunction against the BBC discharged; plaintiff's application for continued restraint refused; second defendant restrained from publication pending further order.
Legal Topics
Misuse of Private Information, Breach of Confidence, Freedom of Expression, Interim Injunctions, Article 8 ECHR, Article 10 ECHR, Section 12 Human Rights Act 1998
Media Law Privacy Law Human Rights Misuse of Private Information Breach of Confidence Freedom of Expression Interim Injunctions Article 8 ECHR +2 more

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Parties

ABC

Plaintiff

British Broadcasting Corporation

First Defendant

John Patrick Conway

Second Defendant

Procedural Posture

Application for Interim Injunction / Interim Relief Application Prior to Trial

Legal Issues

  1. 1 Whether the plaintiff has a reasonable expectation of privacy in the video footage
  2. 2 Whether publication of the video by the BBC should be restrained pending trial
  3. 3 How to balance Article 8 (privacy) and Article 10 (freedom of expression) rights

Ratio Decidendi

The plaintiff has not satisfied the court at this interim stage that she is likely to establish at trial that publication should not be allowed. The balance of rights under Articles 8 and 10 ECHR, the public interest in the subject matter, and the statutory test under section 12(3) Human Rights Act 1998 all favour publication. The interim injunction restraining the BBC is discharged, but the plaintiff is to be given access to the broadcast version of the video and an opportunity to respond before broadcast. The second defendant is restrained from publishing any part of the video pending further order.

Court Disposition

Interim injunction against the BBC discharged; plaintiff's application for continued restraint refused; second defendant restrained from publication pending further order.

Orders

  • Plaintiff to be given access to the video in the form proposed for broadcast before exercising right to respond.
  • Second defendant restrained from publishing any part of the video without further order.