Cases

T (by her litigation friend the Official Solicitor) v BBC

Held

Granting the injunction:

(1) Applying Re A Local Authority Inquiry: Restraint on Publication [2004] Fam 96, no preliminary assessment of ‘best interests’ was necessary;

(2) It was unnecessary to predict outcomes in order to quantify risks to T’s welfare. A risk, or potential harm, is sufficient;

(3) The value of the BBC’s freedom of expression could not be proportionate to the invasion of T’s privacy and autonomy in this case. Although the broadcast concerned a matter of genuine public interest, the film did not (contrary to some of the evidence) present T in a positive light. Moreover there was a real possibility that T would be greeted with a hostile and abusive reaction by viewers who recognise her.

Also