His Majesty's Attorney General for England and Wales v British Broadcasting Corporation
[2022] EWHC 2925 (KB)
WFZ v The BBC
29 June 2023
[2023] EWHC 1618 (KB)
High Court
The BBC wanted to name someone under investigation for serious crimes before they were charged. A judge said no, because that could ruin their chances of a fair trial and is unfair to the accused. The BBC has to wait until the person is charged before they can name them in their story.
Key Facts
- •The Claimant is a high-profile individual under active criminal investigation for serious sexual offenses.
- •The BBC intends to publish a news story identifying the Claimant and detailing the allegations against him before a charging decision.
- •The Claimant applied for an interim injunction to restrain publication, arguing invasion of privacy, contempt of court, and interference with his right to a fair trial.
- •The application was heard in private due to the Claimant's high profile and the sensitive nature of the information.
- •The BBC argues a strong public interest in publishing the story, highlighting systemic failures to address sexual misconduct allegations.
- •The police have not publicly identified the Claimant, and express concerns about the BBC's proposed publication.
Legal Principles
Misuse of Private Information
Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22; Murray v Express Newspapers plc [2009] Ch 481; ZXC v Bloomberg LP [2022] AC 1158
Contempt of Court
Contempt of Court Act 1981; Attorney-General v Mirror Group Newspapers [2012] 1 WLR 2408; Attorney-General v English [1983] 1 AC 116; Attorney-General v Yaxley-Lennon [2019] EWHC 1791
Right to a Fair Trial
Article 6 of the European Convention on Human Rights; In re G [2022] EWCA Civ 1312
Interim Injunctions under Human Rights Act 1998
section 12 of the Human Rights Act 1998; Cream Holdings v Banerjee [2005] 1 AC 253
Outcomes
The Claimant's application for an interim injunction is granted.
Publication of the specified information would constitute a contempt of court and/or an unwarranted invasion of privacy, creating a substantial risk of impeding the course of justice.