Reference:  EWHC 2808 (Ch)
Court: Chancery Division
Judge: N Strauss QC
Date of judgment: 7 Nov 2003
Summary: Broadcasting - Contract - Injunction - Human Rights - whether the claimant should be granted an injunction
Instructing Solicitors: Rubenstein Phillips for the Claimant; BBC Litigation Dept for the Defendant
The BBC proposed to broadcast a “Horizon” programme about a code said to reveal hidden messages in the Bible. The BBC entered into a contract with the claimant whereby it was to retain editorial control but the claimant would be able to correct factual errors and respond to criticism. The claimant sought a mandatory injunction allowing it to respond to certain criticisms or an injunction preventing the programme from being broadcast.
(1) Whether the injunction should be granted; (2) Whether the claimant had a seriously arguable case; (3)
Whether the matter sought to be included was within the contract between the parties.
The claimant did not have a seriously arguable case and the injunctions sought would not be granted. It was within the BBC’s commercial obligations and discretion not to include the matters which the claimant wished to have included.
The existence of some sort of contract restricting a broadcaster’s/publisher’s right to publish can often form the basis of an application for an injunction – see also Fayed v BBC, LRT v Mayor of London. The latter case shows that even where a contractual claim is made, the Court should nevertheless go on to consider whether notwithstanding the alleged contract the information should be published. This is very much in accordance with the guidance given by the Court of Appeal in Cambridge Nutrition v BBC  3 AllER 523.