Richard v British Broadcasting Corporation (BBC) and Another: ChD 26 May 2017

Disclosure of Journalists’s Source ordered

The claimant had been investigated in connection with allegations (not proceeded with) of historic sexual abuse. The first defendant received information in advance of a search of the claimant’s house, and filmed and broadcast this from a helicopter. The claimant now sought disclosure of the source of the journalist’s advance information.
Held: Although the damage arose on the broadcast, the source of the information remained highly relevant. The order for disclosure was made. Though the original source might well be unhappy at the disclosure, that fell against the need for a fair trial. The source of the information would go as to the weight attached and the existence of reasonable expectation of privacy, without necessarily identifying the particular individual involved.,

Mann J
[2017] EWHC 1291 (Ch)
England and Wales
CitedSecretary of State for Defence v Guardian Newspapers Ltd (Tisdall Case) HL 1984
Lord Diplock discussed section 10 of the 1981 Act, saying: ‘The exceptions include no reference to ‘the public interest’ generally and I would add that in my view the expression ‘justice’, the interests of which are entitled to protection, is not . .
CitedGoodwin v The United Kingdom ECHR 27-Mar-1996
An order for a journalist to reveal his source was a breach of his right of free expression: ‘The court recalls that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to . .
CitedAxel Springer Ag v Germany ECHR 7-Feb-2012
ECHR Grand Chamber – A German newspaper had published a story or stories about the arrest and conviction of a well-known TV actor, together with photographs, and various restraining-type orders had been issued by . .
CitedFinancial Times Ltd and others v Interbrew SA CA 8-Mar-2002
The appellants appealed against orders for delivery up of papers belonging to the claimant. The paper was a market sensitive report which had been stolen and doctored before being handed to the appellant.
Held: The Ashworth Hospital case . .
CitedAxel Springer Ag v Germany (No 2) ECHR 10-Jul-2014
ECHR Article 10-1
Freedom of expression
Injunction against newspaper restraining further publication of article concerning former head of government: violation
Facts – The applicant was the . .
CitedMalik v Manchester Crown Court and others; Re A Admn 19-Jun-2008
The claimant was a journalist writing about terrorism. He had interviewed a man with past connections with Al-Qaeda, and he now objected to a production order for documents obtained by him in connecion with his writings. The court had acted on . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media, Litigation Practice, Human Rights

Updated: 31 October 2021; Ref: scu.588018