Cases

Financial Times Ltd & Ors v United Kingdom

Facts

An anonymous source, X, leaked a copy of a confidential Interbrew presentation to various media organisations which subsequently published articles about the content of the document. Interbrew launched Norwich Pharmacal proceedings against the media organisations to gain access to the original leaked document so as to help them identify X. The High Court and Court of Appeal ordered the delivery up of the documents on the basis that it would enable Interbrew to ascertain the identity of the proper defendant to a breach of confidence action and that the interference with Article 10 was justified as ‘prescribed by law’ under Art 10(2). They were particularly swayed by the fact that the evident purpose of X was "maleficent” and “calculated to do harm". The House of Lords refused the applicants leave to appeal. The applicants complained that the decision of the domestic courts violated their Article 10 right to freedom of expression as their journalistic sources might be identified.

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