Cases

BKM Ltd v BBC

Held

Declining to grant the injunction sought:

(1) No adverse inference was to be drawn against the BBC by its failure to show the footage to the Applicant or the Court;

(2) While the resident's Article 8 were engaged and were not removed by the taking of cinematic steps to obscure identities, any invasion of privacy was likely to be relatively slight;

(3) There were serious factors which justified or out-balanced any infringement of privacy rights, in particular there was a clear public interest in the standards in care homes and the ability of a regulator to maintain those standards;

(4) The Applicant failed to discharge its burden under sections 12(3) and (4) of the Human Rights Act.

Also