A v British Broadcasting Corpn (Secretary of State for the Home Department intervening)

Subject Matter

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 or represented when order made — Broadcaster applying to have order set aside — Whether order lawful exception to principle of open justice — Whether court’s jurisdiction to make order properly exercised — Contempt of Court Act 1981, s 11 — Human Rights Act 1998, s 12

[2014] UKSC 25; [2015] AC 588; [2014] 2 WLR 1243; 2014 SC (UKSC) 151; [2014] 2 All ER 1037; [2014] WLR (D) 196; Case details, SC(Sc)

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 to 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 I, arts 2, 3, 6.1, 10.1, 10.2

[2014] UKSC 25; [2015] AC 588; [2014] 2 WLR 1243; 2014 SC (UKSC) 151; [2014] 2 All ER 1037; [2014] WLR (D) 196; Case details, SC(Sc)

HUMAN RIGHTS — Freedom of expression — Anonymity — Whether sec 12 of the Human Rights Act 1998 applied to orders granted under sec 11 of the Contempt of Court Act 1981

[2013] CSIH 43; 2013 SC 533, Ct of Sess

Appellate History

Commentary

Blackstones Civil Practice 2023
Right to a Fair and Public Hearing and Civil Litigation - Oral public hearing 91.47

Right to Freedom of Expression and Civil Litigation 91.53

Privacy, Freedom of Expression and Injunctions - Article 10 91.56