The Weekly Law Reports
[2014] 2 WLR 1243
Supreme Court
A v British Broadcasting Corporation (Secretary of State for the Home Department intervening)
[2014] UKSC 25
2014 Jan 22,
23;
May 8
Baroness Hale of Richmond DPSC, Lord Wilson, Lord Reed, Lord Hughes, Lord Hodge JJSC
Confidential information— Disclosure— Public interest— Petitioner foreign national convicted of sex offences against child— Home Secretary issuing notice of intention to deport to country of origin— Petitioner applying to remain in United Kingdom on grounds that in country of origin he faced risk of death or violence at hands of persons enraged by his offences— Risk created by publicity surrounding petitioner’s return to country of origin— Court order anonymising petitioner’s name and prohibiting publication of name or details likely to identify him— Media unaware of hearing and not present nor represented in court when order made— Broadcaster applying to have order set aside— Whether court order lawful exception to principle of open justice— Whether court’s jurisdiction to make order properly exercised—
Contempt of Court Act 1981 (c 49), s 11
—
Human Rights Act 1998 (c 42), s 12
Human rights— Freedom of expression— Interference with— Court order amending petition by substituting initials for petitioner’s name and making order prohibiting publication of his identity or material likely to identify him— Purpose of order to protect petitioner’s right to life and right not be subjected to inhuman or degrading treatment— Whether petitioner’s rights overriding media’s right to receive and impart information and to freedom of expression— Whether interference with freedom of expression necessary for protecting rights of others or for maintaining authority and impartiality of judiciary—
Human Rights Act 1998, Sch 1, Pt 1, arts 2, 3, 6.1, 10.1, 10.2