BBC will not appeal in legal battle over raid on Cliff ’s home
THE BBC will not appeal against a ruling in its legal battle with Sir Cliff Richard – but has called on the Government to urgently review the law about how the media can report on arrests.
The broadcaster yesterday announced it would not attempt to overturn the High Court judgment after lawyers predicted it may not win.
But in an open letter to the Attorney General, the corporation warned of a ‘dramatic shift against press freedom’. It comes after Mr Justice Mann ruled last month that the BBC should not have named Sir Cliff in its reporting of a police raid on the singer’s home in 2014 after allegations of child sex abuse.
The judge awarded him £210,000 in damages for a ‘very serious’ invasion of privacy. Further legal action could have left licence fee payers hundreds of thousands more out of pocket.
The BBC’s legal correspondent estimated its overall bill for defending the case is likely to rise to £2.3million now it will also have to pick up Sir Cliff’s legal costs having lost the case.
But experts have warned the ruling could have huge ramifications on how the Press is able to operate and on the public’s right to know.
Naming suspects is standard practice in news reporting. The BBC was backed by the Society of Editors, which vowed to put pressure on the Government – warning Britain’s ‘liberties and freedoms’ were ‘at risk’. The society’s executive editor Ian Murray said: ‘The decision that it is unlawful for the media – as well as the public of course – to identify someone under investigation by the police is a major change to not only Press freedom to report what those in authority are doing, but also to the public’s right to know and open justice here in the UK. These are serious issues and should not be decided by the verdict in one celebrity court case, no matter how high profile.’
The BBC had originally vowed to appeal against the ruling but yesterday said in a statement: ‘It would inevitably mean an expensive legal cul de sac and one that would simply prolong Sir Cliff’s distress.’
But it added: ‘There is a fundamental principle of press freedom at stake here and one upon which we believe Parliament, as our lawmakers, should decide.’
The decision to back down has left the BBC red-faced. In an email to staff, Director-General Tony Hall said that the corporation’s decision not to settle out of court was because this would have required admitting it had acted unlawfully..
Yesterday, the BBC admitted there were ‘things’ it ‘got wrong’, saying: ‘There are lessons for the BBC and we will think very carefully about our approach in the future – in tone and style.’
Sir’s Cliff representatives welcomed the BBC’s decision not to appeal. The 77-year-old star was never arrested or charged after the raid on his home in Sonning, Berkshire, by South Yorkshire Police.
He sued after the BBC hired a helicopter for its ‘sensationalised’ reporting of the case.
A Government spokesman said last night: ‘We are aware of the BBC’s concerns and will respond in due course.’