Scottish National Party & Ors, Re Application for Judicial Review [2010] ScotCS CSOH_56 (28 April 2010)

Scottish National Party & Ors, Re Application for Judicial Review [2010] ScotCS CSOH_56 (28 April 2010)

The petitioners failed to demonstrate a prima facie case that the BBC's decision was disproportionate, inappropriate, or in breach of its duty of impartiality. The BBC's approach, based on proportional coverage and electoral support, was within its discretion. Delay by the petitioners and the lack of precision in the order sought further militated against granting interim interdict. The requirements of section 12 of the Human Rights Act were not met, as the petitioners were not likely to succeed in establishing that the broadcast should not be allowed.

Citation
[2010] ScotCS CSOH_56
Parties
Petitioners: Scottish National Party and Others; Respondents: British Broadcasting Corporation
Jurisdiction
Scotland
Judgment Date
28 April 2010
Procedural Posture
Judicial Review / Motion for First Orders and Interim Interdict
Outcome
Petitioners' motion for interim interdict refused.
Legal Topics
Judicial Review, Broadcasting Regulation, Impartiality in Media, Election Coverage, Freedom of Expression
Administrative Law Media Law Constitutional Law Judicial Review Broadcasting Regulation Impartiality in Media Election Coverage Freedom of Expression

Case Brief

Summary, issues, holding and outcome

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Parties

Scottish National Party and Others

Petitioners

British Broadcasting Corporation

Respondents

Procedural Posture

Judicial Review / Motion for First Orders and Interim Interdict

Legal Issues

  1. 1 Whether the BBC's exclusion of the SNP from a televised debate breached its duty of impartiality under its Charter and guidelines.
  2. 2 Whether the BBC's decision was unreasonable, discriminatory, or contrary to its own election guidance.
  3. 3 Whether interim interdict should be granted to prevent the broadcast of the debate without SNP participation.

Ratio Decidendi

The petitioners failed to demonstrate a prima facie case that the BBC's decision was disproportionate, inappropriate, or in breach of its duty of impartiality. The BBC's approach, based on proportional coverage and electoral support, was within its discretion. Delay by the petitioners and the lack of precision in the order sought further militated against granting interim interdict. The requirements of section 12 of the Human Rights Act were not met, as the petitioners were not likely to succeed in establishing that the broadcast should not be allowed.

Court Disposition

Petitioners' motion for interim interdict refused.

Orders

  • Interlocutor pronounced refusing the petitioners' motion for interim interdict.