‘Cliff ’s Law’ is a blow for press freedom, warns police chief
THE fallout from the ruling in the Sir Cliff Richard case could undermine press freedom and discourage victims of crime from coming forward, a police chief has warned.
Alison Hernandez, the police and crime commissioner for Devon and Cornwall, herself the subject of press scrutiny after being accused of election expenses offences, said she feared the balance was tipping too far in favour of privacy, and that campaigners’ calls to introduce a so-called “Cliff ’s Law”, which would guarantee a suspect’s anonymity until charged, would impede justice and discourage sex abuse victims from speaking out.
Ms Hernandez spent a year facing allegations that she failed to declare election expenses while working in 2015 as an agent for Kevin Foster, the Conservative MP for Torbay.
She said: “What I went through was a nightmare. I knew I hadn’t done anything wrong but as the case took month after month to investigate, dealing with the press became increasingly stressful.
“Despite that ordeal I have deep concerns about Mr Justice Mann’s ruling.
“As police and crime commissioner, I know there have been numerous cases where victims and witnesses have come forward precisely because of publicity around cases.
“I am acutely aware of the benefits that naming subjects of police investigations at an early stage can have in supporting successful prosecutions and putting bad people behind bars.”
Ms Hernandez said she had sympathy for Sir Cliff following his treatment at the hands of the BBC, but added: “We have to balance the need for privacy with the need for press freedom and the right of the public to see the criminal justice system scrutinised.”
She added: “I fear the balance is swinging too far in the direction of stifling reporting and breaking down relationships between media and police.
“What I went through was awful, but like Sir Cliff, my name was cleared. Personally I’d go through it all again if it meant offenders were more likely to be convicted of their crimes.”
Meanwhile the BBC’S head of news has told staff she is keen to “learn lessons” from the affair, but insisted that significant principles were at stake.
In an email to staff, Fran Unsworth said: “I am sorry for the distress that Sir Cliff has been through. We understand the impact that our reporting has on individuals. I am keen we learn from the way we reported the story.”
But she added: “If this ruling stands it would effectively make it unlawful that anyone under investigation can be named, unless the police do so. I don’t believe that’s in the public interest.”
She said the BBC would study the 200-page judgment before deciding whether to appeal against the ruling.