Re Att-Gen’s Ref (No 3 of 1999) sub nom BBC’s application to set aside or to vary a reporting restriction

June 22, 2009 | No Comments

The BBC persuaded the House of Lords to lift a reporting restriction anonymising a man controversially acquitted of rape following the inadmissibility of DNA evidence. The BBC wanted to name him as part of a series planned to deal with such acquittals in the context of the abolition of the double jeopardy rule. The man’s acquittal was in the public domain, following a public trial. While publicity as to the DNA link engaged his Art 8 rights, the Art 10 rights of the BBC and its audience as part of a planned contribution to a debate of general interest were dominant.

This case was decided on appeal to the House of Lords on 17 June 2009 and is available here.

Rosalind McInnes

Art. 08 Right to Private and Family Life, Art. 10 Freedom of Expression, Data Protection and Freedom of Information, Media Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.