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You can find the current article at its original source at https://www.theguardian.com/media/2018/aug/15/bbc-will-not-appeal-against-cliff-richard-privacy-victory
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| BBC will not appeal against Cliff Richard privacy victory | BBC will not appeal against Cliff Richard privacy victory |
| (35 minutes later) | |
| The BBC will not appeal against Cliff Richard’s landmark privacy victory, leaving the corporation facing a bill for millions of pounds following the conclusion of a four-year legal battle. | The BBC will not appeal against Cliff Richard’s landmark privacy victory, leaving the corporation facing a bill for millions of pounds following the conclusion of a four-year legal battle. |
| The singer is clear to claim substantial damages as a result of the BBC’s decision to report in 2014 that the singer was being investigated by police regarding historical child sexual assault claims. | The singer is clear to claim substantial damages as a result of the BBC’s decision to report in 2014 that the singer was being investigated by police regarding historical child sexual assault claims. |
| No charges were ever brought and Richard successfully sued, arguing that the decision to report on the case and use a helicopter to film a police raid on his house was an unjustified invasion of his privacy. | No charges were ever brought and Richard successfully sued, arguing that the decision to report on the case and use a helicopter to film a police raid on his house was an unjustified invasion of his privacy. |
| The ruling appeared to set a precedent that would restrict the ability of the media to factually report that an individual is under investigation by the police before any charges have been brought, raising concerns about press freedom. | The ruling appeared to set a precedent that would restrict the ability of the media to factually report that an individual is under investigation by the police before any charges have been brought, raising concerns about press freedom. |
| The BBC’s costs for legal fees and damages are already thought to have reached about £1.9m, with the final bill expected to rise further. | The BBC’s costs for legal fees and damages are already thought to have reached about £1.9m, with the final bill expected to rise further. |
| Following legal advice the corporation has decided it does not stand a realistic chance of overturning last month’s judgment and that any appeal “would inevitably mean an expensive legal cul de sac and one that would simply prolong Sir Cliff’s distress”. | Following legal advice the corporation has decided it does not stand a realistic chance of overturning last month’s judgment and that any appeal “would inevitably mean an expensive legal cul de sac and one that would simply prolong Sir Cliff’s distress”. |
| “The BBC is already on record in saying that we are sorry for the distress that Sir Cliff has been through,” said a spokesperson. “We say so again today. We fully appreciate the impact this has had on him. There are lessons for the BBC in how we reported this story and we will think very carefully about our approach in the future – both in tone and style. We recognise there are things we got wrong – even if all the facts we reported were right.” | “The BBC is already on record in saying that we are sorry for the distress that Sir Cliff has been through,” said a spokesperson. “We say so again today. We fully appreciate the impact this has had on him. There are lessons for the BBC in how we reported this story and we will think very carefully about our approach in the future – both in tone and style. We recognise there are things we got wrong – even if all the facts we reported were right.” |
| Despite declining to appeal, the BBC’s director general Tony Hall has decided to launch a fightback by writing to the government and asking it to consider new legislation that would protect the right to report criminal investigations. | Despite declining to appeal, the BBC’s director general Tony Hall has decided to launch a fightback by writing to the government and asking it to consider new legislation that would protect the right to report criminal investigations. |
| “We accept the BBC and the rest of the media have a duty to be sensitive to the rights and position of those who are under investigation, and in some cases there will be little public interest in naming individuals,” said the spokesperson. “However, this ruling will limit the long-standing ability of journalists to report on police investigations – many cases of which have resulted in further complainants coming forward. It will make it harder to scrutinise the conduct of the police and it will undermine the principle of the public’s right to know.” | “We accept the BBC and the rest of the media have a duty to be sensitive to the rights and position of those who are under investigation, and in some cases there will be little public interest in naming individuals,” said the spokesperson. “However, this ruling will limit the long-standing ability of journalists to report on police investigations – many cases of which have resulted in further complainants coming forward. It will make it harder to scrutinise the conduct of the police and it will undermine the principle of the public’s right to know.” |
| The BBC’s legal advisers concluded that, even if an appeal court found the judge had made an error of law by failing to uphold the media’s right to name an individual, it would still conclude that the BBC breached Richard’s privacy in this specific case because of “the tone and techniques of the reporting”. | The BBC’s legal advisers concluded that, even if an appeal court found the judge had made an error of law by failing to uphold the media’s right to name an individual, it would still conclude that the BBC breached Richard’s privacy in this specific case because of “the tone and techniques of the reporting”. |
| The BBC also said the judgment was written in a way that would make it impossible to separate the broader journalistic principle from the specific issues surrounding the corporation’s approach. | The BBC also said the judgment was written in a way that would make it impossible to separate the broader journalistic principle from the specific issues surrounding the corporation’s approach. |
| The judge in the case, Mr Justice Mann, who has already blocked one request for an appeal, has said his ruling does not impose a blanket ban on the reporting of the subject of a criminal investigation. | |
| Instead, he said that an individual under investigation starts with a reasonable expectation of privacy “that can give way to countervailing factors” such as the safety of the public or the desire to flush out potential witnesses or victims. | Instead, he said that an individual under investigation starts with a reasonable expectation of privacy “that can give way to countervailing factors” such as the safety of the public or the desire to flush out potential witnesses or victims. |
| The Richard case proved to be embarrassing for the BBC and senior executives, who were forced to recount and justify the process involved in deciding to run the story, which came at the end of a series of sexual abuse cases involving entertainment stars after the Jimmy Savile scandal. | The Richard case proved to be embarrassing for the BBC and senior executives, who were forced to recount and justify the process involved in deciding to run the story, which came at the end of a series of sexual abuse cases involving entertainment stars after the Jimmy Savile scandal. |
| The decision not to seek an appeal has potential repercussions for internal BBC politics. A further defeat could have enshrined the ruling in law and increased the BBC’s costs, while putting further pressure on the executives involved in the story. | The decision not to seek an appeal has potential repercussions for internal BBC politics. A further defeat could have enshrined the ruling in law and increased the BBC’s costs, while putting further pressure on the executives involved in the story. |
| They include Fran Unsworth, the current BBC director of news and current affairs, who ultimately signed off the decision to use the footage in 2014. Following the initial verdict she said there were some things that could have been “done differently” but it marked a “significant shift” against press freedom. However, the BBC is sticking by its staff and no departures are expected. | They include Fran Unsworth, the current BBC director of news and current affairs, who ultimately signed off the decision to use the footage in 2014. Following the initial verdict she said there were some things that could have been “done differently” but it marked a “significant shift” against press freedom. However, the BBC is sticking by its staff and no departures are expected. |
| Richard, who said the case took a serious toll on his health, claims to have spent more than £4m fighting it and says he expects to be out of pocket even after accepting damages from the BBC and South Yorkshire police, which reached an earlier settlement. | Richard, who said the case took a serious toll on his health, claims to have spent more than £4m fighting it and says he expects to be out of pocket even after accepting damages from the BBC and South Yorkshire police, which reached an earlier settlement. |
| A spokesman for Richard welcomed the decision: “Sir Cliff reluctantly took his case to court because he felt his privacy had been flagrantly invaded and disappointingly the BBC were not prepared to acknowledge that and apologise.” | A spokesman for Richard welcomed the decision: “Sir Cliff reluctantly took his case to court because he felt his privacy had been flagrantly invaded and disappointingly the BBC were not prepared to acknowledge that and apologise.” |
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| Cliff Richard | Cliff Richard |
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| Privacy & the media | Privacy & the media |
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