A v BBC [2014] UKSC 25

Facts

• The case involved an application for anonymity in legal proceedings, raising the central principle of open justice in English law.
• The Supreme Court examined the conflict between the public's right to access court proceedings and the protection of individual privacy.
• The issue arose in the context of whether an anonymity order should be granted, requiring the court to weigh open justice against private and family life rights.
• The proceedings assessed how the presumption of open justice—grounded in common law and Article 6 ECHR—interacts with the protection of vulnerable individuals and sensitive information.
• Both Article 8 (right to private and family life) and Article 10 (freedom of expression) of the ECHR were engaged.

Issues

1. Whether derogations from the principle of open justice are justified, and if so, in what circumstances.
2. Whether the necessity and proportionality requirements are satisfied for granting anonymity orders.
3. How to balance Article 8 ECHR privacy rights against Article 10 ECHR freedom of expression when considering anonymity.

Decision

• The Supreme Court upheld the strong presumption of open justice, finding that exceptions are justified only where strictly necessary and proportionate.
• Any restriction on open justice must be the minimum required to achieve a legitimate aim, such as safeguarding privacy.
• The Court articulated a structured method for balancing the competing interests under Article 8 and Article 10 ECHR, confirming that neither right has automatic superiority.
• The burden rests with the applicant for anonymity to prove that the harm from disclosure outweighs the public interest in open justice.
• Anonymity orders must be narrowly tailored, restricting open justice solely to the extent necessary.
• The judgment set out relevant factors for courts to consider, including the type of information and the vulnerability of those affected.

Legal Principles

• The presumption of open justice is fundamental but permits only limited, strictly necessary derogations.
• Restricting open justice requires satisfaction of necessity and proportionality tests, supported by robust evidence.
• Article 8 and Article 10 ECHR rights should be balanced without predetermined hierarchy, requiring fact-specific analysis.
• Applicants must demonstrate the gravity and likelihood of harm and show the necessity and effectiveness of anonymity.
• Courts must limit the scope of anonymity orders to minimize their effect on open justice.

Conclusion

A v BBC [2014] UKSC 25 established the necessity for rigorous justification and proportionality in granting anonymity orders, providing authoritative guidance for balancing open justice and privacy in court proceedings.