Report comment

With reference to Joshua Rosenberg’s recent article concerning the trial between Sir Cliff Richard and the BBC, the case potentially acts a litmus test between balancing the privacy of the individual and the freedom to report. Putting aside matters of to presumption of innocence and where relevant not prejudicing any criminal trial, the case is a balancing act between Article 8 of the Human Rights Convention and Article 10 concerning the media’s right to freedom of expression.

Overlooking the celebrity of the case and the data protection arguments, the issues before the court are not far away from the what confronts Ofcom on a regular basis when determining whether a news broadcaster has breached someone’s privacy, and/ or the rules of impartiality.

The case of Steel & Morris v UK [2005] 15 states that freedom of expression constitutes one of the essential foundations of a democratic society. Article 10(2) of the European Convention on Human Rights refers provides that the exercise of freedom of expression may be subject “...to such formalities, conditions and restrictions or penalties as are prescribed by law and are necessary... for the protection of the reputation or rights of others...”

Any restrictions on freedom of expression has to be justified and proportionate. Conversely the infringement of privacy must be warranted for public interest purposes as, for instance, reflected at Rule 8.1 of the Ofcom Broadcasting Code.

Sir Cliff, or should it be Richard, based upon his published witness statement suggests the coverage of the raid on his flat was intrusive; and at a time according to his evidence he had yet to be interviewed by the police. Much of the issue as I understand the case revolves around the nature of the coverage during the search of his flat rather than the police were investigating him for an alleged offence. Given the maelstrom of celebrity cases as mentioned in Mr Rosenberg’s article one can understand the public interest aspect.

In my opinion this case is about matter of degree. There is a difference between filming a sequence of events and consequently when and how it is broadcast. This is a dilemma facing any TV news editor day in and day out.

I keenly await the judgment and the analysis of both parties legal arguments, as well as the facts- but I suspect the analysis will be not about what you do but how you go about it.

Julian Wilkins