Human rights court rules in favour of BBC Scotland in court access case

The BBC has won a long running legal case over access to a sheriff court (PA)PA ArchiveNeil Pooran5 minutes agoNews Briefings

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Europe’s highest human rights court has ruled in favour of BBC Scotland in a years-long legal case involving a journalist being excluded from a court hearing.

The European Court of Human Rights (ECHR) found there had been a violation of Article 10, which covers freedom of expression and media freedom.

It related to a hearing in August 2018 at Aberdeen Sheriff Court when BBC journalist Steven Duff was asked to leave the court.

The hearing concerned an Aberdeenshire care home where residents had reportedly been mistreated.

A legal representative for the care home had requested that the hearing take place in a closed court, which was granted by the sheriff.

However, the ECHR said there must be a “compelling reason” to exclude journalists from court hearings.

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The court’s ruling said: “The special status of journalists and the press and the importance of access to court proceedings for journalists is recognised by the common law.

“The exclusion of the media from court proceedings should occur in the ‘rarest of circumstances’”.

The court noted that the government had “conceded that the sheriff’s order to close the court constituted an interference with the applicants’ freedom of expression”.

Rosalind McInnes, legal director at BBC Scotland, said: “This decision shows that the court cannot shut out journalists without hearing them in advance.

“This is BBC Scotland’s second victory in Strasbourg on open justice since 2010.

“Reporting the courts to the public remains hugely important to us as a public service broadcaster.”