Striking a delicate balance

Many people will feel a great deal of sympathy for Sir Cliff Richard, who is currently suing the BBC for breach of privacy after it filmed a police raid on his home in August 2014. The singer, who was named as a suspect in an alleged historical sexual assault, was questioned by police but neither arrested nor charged.

The decision in this case may have implications well beyond the protection of the identities of celebrities questioned by police.

Sir Cliff ’s legal team argues that his privacy, under Article 8 of the Human Rights Act, was breached by the broadcast. But if this argument is successful, there may be grave consequences for freedom of expression, as guaranteed by Article 10 of the Human Rights Act.

Whatever the result of this case, it may well set a standard for the right to privacy in the UK.

It may be tempting, when examining the rather extreme case of the broadcast raid on Sir Cliff ’s house, to incline towards supporting Article 8’s pre-eminence.

But if his argument wins, we may live to regret the price paid in the loss of freedom of expression.