Another serving of alphabet soup: A v British Broadcasting Corporation (Scotland) [2014] UKSC 25

摘要

There are a number of potential implications arising from the judgment of the Supreme Court as articulated by Lord Reed which give cause for concern to the media and the wider public. Although some of those concerns stem from statements that were obiter, nevertheless given that they were unanimously agreed by a five Justice bench suggests that they will carry great weight in future cases. However, perhaps of most concern is the potential subversion of section 12 of the Human Rights Act 1998 by this judgment. BBC Scotland recently has complained successfully to the European Court of Human Rights with regard to the opportunity for the media to intervene in relation to orders made under section 4(2) of the Contempt of Court Act 1981. The judgment of the Supreme Court in A v BBC raises a number of concerns which BBC Scotland may wish to take to Strasbourg.