R v Broadcasting Complaints Commission, ex parte Granada Television Ltd
| Jurisdiction | England & Wales |
| Court | Queen's Bench Division |
| Judgment Date | 21 May 1993 |
| Date | 21 May 1993 |
Queen's Bench Division
Before Mr Justice Popplewell
Regina
and
Broadcasting Complaints Commission, Ex parte Granada Television Ltd
Judicial review - Broadcasting Complaints Commission - infringement of privacy
Infringing privacy with public facts
The Broadcasting Complaints Commission, a statutory body, was, under its jurisdiction governed by section 143(1) of the Broadcasting Act 1990, not unreasonable in taking the view that there was an infringement of privacy notwithstanding that the matter broadcast had previously been reported and was in the public domain.
Mr Justice Popplewell so held in the Queen's Bench Division when dismissing an application by Granada Television Ltd for judicial review of decisions of the Broadcasting Complaints Commission (BCC) concerning two separate World in Action programmes called "How Safe are our Children?" broadcast on February 11, 1991 and "The Allergy Business" broadcast on October 15, 1990.
Section 143 of the 1990 Act provides: "(1) … the function of the BCC shall be to consider and adjudicate upon complaints of (a) unjust or unfair treatment in programmes … or (b) unwarranted infringement of privacy in or in connection with the obtaining of material included in such programmes."
Mr Nicholas Chambers, QC and Mr Andrew Caldecott for Granada TV; Mr David Pannick, QC, for the BCC.
MR JUSTICE POPPLEWELL said that the complaints could be divided into three heads:
1 Complaints by Mr B A Wade about...
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6 cases
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Mosley v News Group Newspapers Ltd
...in Attorney-General v. Guardian Newspapers (No 2) [1990] 1 AC 109, 260E-H; R v. Broadcasting Complaints Commission, ex parte Granada TV [1995] EMLR 163; WB v. H Bauer Publishing [2002] EMLR 26 The extent to which material is truly “in the public domain” will ultimately depend upon the parti......
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R v Director General of Water Services and Others
...Commission, ex p. South Yorkshire Transport Ltd (1993) 1 WLR 23 and R v Broadcasting Complaints Commission, ex p. Granada Television Ltd (1995) EMLR 163 in support of the proposition that there will be some statutory phrases which leave a broad margin of appreciation to the relevant statuto......
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R v Broadcasting Standards Commission and Another
...page 190]. 21 On this aspect of the case, Mr Beloff also referred to R v Broadcasting Complaints Commission ex parte Granada Television [1995] EMLR 163 and the judgment of Balcombe LJ at pages 167-168, and submitted that the court must be careful in its approach to cases such as the present......
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R v Broadcasting Standards Commission and Another
...page 190]. 23 On this aspect of the case, Mr Beloff also referred to R v Broadcasting Complaints Commission ex parte Granada Television [1995] EMLR 163 and the judgment of Balcombe LJ at pages 167-168, and submitted that the court must be careful in its approach to cases such as the present......
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4 books & journal articles
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Historical Perspectives on Environmental Management
...Will Strip States’ CWA Powers , envtL. poL’y ALert, July 15, 2009, at 16. 46. Judson W. Starr et al., Prosecuting Pollution , LegAL timeS, May 31, 1993, at 6. 47. Memorandum from Larry D. Thompson, Deputy Attorney General, Principles of Federal Prosecution of Business Organizations , Jan. 2......
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Historical Perspectives on Environmental Management
...Criminal Trends and Developments—1999-2001 , 31 ELR 11340 (Nov. 2001). 66. Judson W. Starr et al., Prosecuting Pollution , Legal Times , May 31, 1993. 67. See Andrea Foster, GCs Protest Prosecutor Tactics , 22 Nat’l L.J. , May 29, 2000, at B1. 68. See Nicholson, Criminal Provisions in Feder......
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CHAPTER 6 CRIMINAL LAW AND PRACTICAL CORPORATE STRATEGIES
...to the discretion of the individual prosecutor or criminal investigator." Starr, Block, and Cooney, "Prosecuting Pollution", Legal Times (May 31, 1993). (Messrs. Starr and Block were the first two chiefs of the Environmental Crimes Section of the DOJ's Environment and Natural Resources Divi......
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The elderly and patient dumping.
...Not Punished for Ousting Patients Who Can't Pay, L.A. TIMES, May 20, 1993, at A16. (19) See Crack Down on Patient Dumping, CHICAGO SUN-TIMES, May 31, 1993, at (20) See Rosenstein, supra note 1, at 278 n.146. (21) See id. at 278-89. (22) See id. at 278. (23) Baber, 977 F.2d 872,878-85 (4th C......