BBC successful in reporting restriction challenge at Afghanistan Inquiry

The Independent Inquiry relating to Afghanistan, chaired by Lord Justice Haddon-Cave, has granted an application by the BBC to lift reporting restrictions which prevented the media from reporting that two ciphers used by the Inquiry concerned the Special Air Service (“SAS”) and Special Boat Service (“SBS”). In deciding to lift the reporting restriction, the Chair was satisfied that:

• The evidence does not establish that removing the restrictions over the terms ‘SAS’ and ‘SBS’ would materially increase the risk of harm or damage to national security.
• Maintaining the ciphers ‘UKSF1’ and ‘UKSF3’ would significantly inhibit the ability of the Inquiry to allay public concern.
• No longer imposing these restrictions would not delay or impair the efficiency or effectiveness of the Inquiry or result in additional cost.
• That imposing the restrictions was no longer conducive to the Inquiry fulfilling its Terms of Reference, or necessary in the public interest.

The Chair refused a further application made by the BBC to permit the identification of two senior UK Special Forces personnel in relation to the reporting of the Inquiry.

Adam Wolanski KC and Jonathan Scherbel-Ball, instructed by the BBC Litigation Department, acted for the BBC in relation to its application to name the SAS and SBS.