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T (by her litigation friend the Official Solicitor) v BBC
Comment
In deciding that there was no need to assess T’s best interests as a preliminary matter, the judge rejected the approach taken in a similar case by Munby J (see E v Channel 4 Television [2005] EWHC 1144 (Fam); [2005] EMLR 709). Moreover, the difficulties faced by broadcasters in making programmes of this sort is underlined by the approach taken by the judge: it is unnecessary for the applicant to prove that adverse consequences are likely to arise from broadcast – all that needs to be shown is a ‘risk’, even where the subject matter is serious and of high public interest.
Areas of work
Human Rights
Injunctive Relief
Media Law
Privacy and Confidence