December 2009 the complainant submitted a Freedom of Information request to the Tate Modern requesting a copy of the legal advice it had received about the potential legality of displaying a photograph of Brooke Shields in a Pop Life Exhibition at the gallery. Following the legal advice, the photograph was displayed. However, it was then withdrawn once the police had advised that the work was ‘indecent’ under the Protection of Children Act 1978. In its response to the information request Tate argued that the legal advice was exempt under section 42(1) of the Freedom of Information Act 2000. The Commissioner considers that Tate was correct to apply section 42(1) and that the public interest favours maintaining the exemption. Information Tribunal appeal number EA/2010/0185 dismissed.
Section of Act/EIR and Finding: FOI 42 – Complaint Not upheld
[2010] UKICO FS50304683
Bailii
Protection of Children Act 1978, Freedom of Information Act 2000
England and Wales
Information
Updated: 13 December 2021; Ref: scu.531690
