Reference:  1 FLR 51;  1 FCR 229
Court: Family Division
Judge: Hale J
Date of judgment: 25 Sep 1996
Broadcasting - Private proceedings - Jurisdiction - Injunction - s.12(1)(a) Administration of Justice Act 1960
Desmond Browne CBE KC - Leading Counsel (Defendant)
Instructing Solicitors: BBC Litigation Department for the Respondent
The BBC planned to broadcast a programme about the Child Support Agency, which included an interview with the Applicant’s former wife, during which she revealed his infertility. The Applicant sought an injunction to prevent publication of this or of any other information concerning his case against the Child Support Agency. He did not object to the identification of the children.
Whether the injunction should be granted.
s.12(1) of the Administration of Justice Act 1960 defined the limits of what information could be published in relation to private proceedings. The jurisdiction could only be invoked in relation to publication of matters potentially harmful to the welfare of children. An adult could not claim its protection. In the circumstances, the public interest in freedom of speech prevailed and the injunction sought would not be granted.
The ambit of the inherent jurisdiction of the Court to protect children is wide, but it cannot be used to protect adults.