Hounding of Sir Cliff
fans gathered outside the london courtroom and sang his hit congratulations as he walked out.
the case centred on a BBc news report in August 2014, which named Sir cliff as being under investigation for an allegation of a sex assault in the 1980s.
Journalist Dan Johnson had discovered the claim was being probed by South Yorkshire Police and threatened to report this unless he was given an exclusive tip- off about a planned raid on the star’s £3million home in Sunningdale, Berkshire.
BBc executives sanctioned the decision to name Sir cliff, and to use a helicopter to capture aerial footage of the search, which was then broadcast as live news.
in an emotional interview with itV news last night, the star said the experience had been ‘ the most horrible, disastrous thing that’s ever taken place in my life’.
He said he took legal action because the BBc had abused its position of trust and responsibility: ‘What the BBc did was an abuse. they took it upon themselves to be the judge, jury and executioner.’
Asked if executives should lose their jobs, he replied: ‘they have to carry the can. i don’t know how they’re going to do it but they’ll have to. if heads roll then maybe it’s because it’s deserved.’
the broadcaster’s director of news, Fran Unsworth, defended its coverage as in the public interest because it involved a high-profile celebrity who had been accused of a sex assault on a child in the wake of sex scandals including former BBc presenter Jimmy Savile. High court judge Mr Justice Mann ruled there had been no legal justification for its breach of Sir cliff’s privacy. He said: ‘the BBc went in for an invasion of Sir cliff’s privacy rights in a big way.’
in a damning 120-page judgment he said public figures should not be considered ‘fair game’ and ruled the broadcaster’s coverage did not serve the public interest because the public already knew about several sex abuse allegations against celebrities.
the judge said: ‘ Knowing that Sir cliff was under investigation might be of interest to the gossip-mongers, but it does not contribute materially to the genuine public interest in the existence of police investigations in this area.’ He said the report of the police investigation was accurate, but found that Mr Johnson had effectively threatened police into cooperating with him.
South Yorkshire Police has already apologised to Sir cliff for its role and agreed to pay £400,000 in damages, and a further £300,000 in legal costs.
Mr Justice Mann said the BBc report had a profound effect on Sir cliff ’s dignity, status and reputation, and said the broadcaster would have to cover some of the police’s damages bill.
He said there was a pressing need for journalists to report on the activities of the police, and said the damages awarded in the case should not have a ‘chilling effect’ on Press freedom. But ian Murray, of the Society of editors, said the ruling had worrying consequences for freedom of expression and the public’s right to know.
lawyers warned that journalists would ‘walk on eggshells’ when reporting police investigations in the future, and said the ruling could open the floodgates for more privacy claims.
Miss Unsworth said the BBc was considering an appeal.
She said: ‘the judge has made clear that even if there had been no footage of the search and the story had less prominence, the very naming of Sir cliff would have been unlawful.
‘this creates a significant shift against Press freedom. this means police investigations and searches of people’s homes could go unreported and unscrutinised.
‘it will put decision making about naming individuals in the hands of the police over the public’s right to know. We don’t believe this is compatible with liberty and Press freedoms.’
the college of Policing said it would reconsider its guidelines in light of the ruling.