Tough, Re Petition [2015] ScotCS CSIH_78 (05 November 2015)

Tough, Re Petition [2015] ScotCS CSIH_78 (05 November 2015)

The court held that while the children's rights justified some restrictions on publicity, only those restrictions conceded by the BBC were necessary. Further restrictions sought by the petitioner were not justified given the information already in the public domain and lack of evidence of harm to the children.

Citation
[2015] ScotCS CSIH_78
Parties
Petitioner: Tracey Tough; Interested Person: The British Broadcasting Corporation
Jurisdiction
Scotland
Judgment Date
05 November 2015
Procedural Posture
Petition to the Nobile Officium / Interlocutory Application for Publicity Restriction
Outcome
Order of 15 October 2015 revoked; new reporting restrictions imposed as specified.
Legal Topics
Open Justice, Reporting Restrictions, Children's Rights, Privacy, Freedom of Expression
Media Law Contempt of Court Family Law Open Justice Reporting Restrictions Children's Rights Privacy Freedom of Expression

Case Brief

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Parties

Tracey Tough

Petitioner

The British Broadcasting Corporation

Interested Person

Procedural Posture

Petition to the Nobile Officium / Interlocutory Application for Publicity Restriction

Legal Issues

  1. 1 Whether reporting restrictions should be imposed to protect the petitioner's children in contempt proceedings
  2. 2 Whether the petitioner's identity, parish location, sex, or photograph should be withheld from publication

Ratio Decidendi

The court held that while the children's rights justified some restrictions on publicity, only those restrictions conceded by the BBC were necessary. Further restrictions sought by the petitioner were not justified given the information already in the public domain and lack of evidence of harm to the children.

Court Disposition

Order of 15 October 2015 revoked; new reporting restrictions imposed as specified.

Orders

  • No newspaper report shall reveal the name, address, or school, or include particulars leading to identification of the petitioner's children, including photographs of the children.
  • Restrictions under the Children and Young Persons (Scotland) Act 1937 apply to all media publications.