United Kingdom
[GB] Courts Confirm that Complainants to the Broadcasting Complaints Commission Must Have a Direct Interest in the Programme under Review
IRIS 1995-10:1/11
Tony Prosser
University of Bristol Law School
British courts have confirmed that complainants to the Broadcasting Complaints Commission must have a direct interest in the programme under review. A potential contributor who was consulted but whose contribution was not used in a programme complained to the Broadcasting Complaints Commission that this had led to inaccuracies which discredited her and prejudiced her research as it was known she had been consulted. The Broadcasting Complaints Commission accepted that it could consider her complaint as she had a direct interest in the subject matter as required by the Broadcasting Act 1990. The BBC as broadcasters of the programme sought judicial review of the Commission's decision.
The High Court upheld the challenge by the BBC as it considered that the complainant had insufficient interest in the subject-matter of the programme.
References
- R v Broadcasting Complaints Commission ex parte British Broadcasting Corporation, (1994) 6 Administrative Law Reports 714.
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.