Javad Marandi, R (on the application of) v Westminster Magistrates’ Court
[2023] EWHC 587 (Admin)
Nicole Daedone & Ors v BBC (No 2)
26 January 2023
[2023] EWHC 113 (KB)
High Court
Someone in a podcast about a sex cult wanted to stay anonymous. The judge agreed because revealing his identity could be dangerous, even though court cases are usually public. The judge made some rules to keep the person's identity secret while still letting the public mostly know what is going on in the case.
Key Facts
- •BBC podcast "The Orgasm Cult" alleged defamatory statements about OneTaste Inc. and its founder Nicole Daedone.
- •FLA, a former OneTaste member identified as "Jake" in the podcast, brought a separate claim against the BBC for misuse of private information.
- •FLA sought anonymity in both his own claim and the Daedone v. BBC libel proceedings due to concerns about jigsaw identification.
- •The court considered FLA's application for a non-disclosure order, balancing his Article 8 right to privacy with the principle of open justice.
Legal Principles
Open justice is a fundamental principle, with derogations only justified in exceptional circumstances to secure the proper administration of justice.
Practice Guidance: Interim Non-Disclosure Orders [2012] 1 W.L.R. 1003
The court must order non-disclosure if necessary to secure the proper administration of justice and protect the person's interests (CPR 39.2(4)).
Civil Procedure Rules 1998, Rule 39.2(4)
Balancing of Article 8 (right to private and family life) and Article 10 (freedom of expression) rights, using a proportionality test.
Re S (A Child) [2004] UKHL 47
Access to court records is generally allowed to ensure open justice, but restrictions may be imposed proportionally to protect legitimate interests.
DMK v. News Group Newspapers Ltd [2016] EWHC 1646 (QB)
Court can prohibit publication of withheld information (s.11 Contempt of Court Act 1981).
Contempt of Court Act 1981, Section 11
Outcomes
FLA's identity withheld from the public; referred to as FLA.
Necessary to protect FLA's interests and not undermine the purpose of his own claim, given the risk of jigsaw identification.
No publication of FLA's true name, but use of pseudonym "Jake" and cipher "FLA" permitted.
Protects FLA while allowing reporting on the case.
Non-parties cannot access the BBC's Defence for 10 days after filing.
Allows FLA's lawyers to review the Defence for potential risks of identification before public access.
Notice must be given to FLA of non-party applications for documents.
Ensures FLA can protect his identity.